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PUBLICATIONS 



OF THE 



SCOTTISH HISTORY SOCIETY 



SECOND SERIES 

VOL. 
VI 



SELECTIONS FROM THE RECORDS OF 
THE REGALITY OF MELROSE 

VOL. 
I 



NOVEMBER 1914 



SELECTIONS FROM 

THE RECORDS OF THE 
REGALITY OF MELROSE 

1605-1661 

Edited from the Original Volumes in the Register 

House, Edinburgh, and in the hands of 

Mr. James Cuele, by 

CHARLES S. ROMANES, C.A. 
VOLUME I 




EDINBURGH 

Printed at the University Press by T. and A. Constable 

for the Scottish History Society 

1914 



b^<)jid> 



CONTEN T S 

PAGE 

INTRODUCTION . . . . . v ii 

RECORDS OF THE REGALITY COURT OF 

MELROSE l 



INTRODUCTION 

The Records of the Regality Court of Melrose dealt 
with in these volumes bring before us the operation of 
the system of heritable jurisdiction in Scotland at a time 
when its powers were waning. Little or no trace has 
come down to us of the earlier proceedings of the Court 
in which the Abbot, doubtless invested with larger powers, 
dealt with the temporal affairs of the Monastery, but the 
system of government which is illustrated in these pages 
is one which ran its course through many centuries, and 
its traces are not yet obliterated in Scotland. It is 
therefore appropriate that we should give a brief intro- 
ductory survey of its origin and its gradual development 
down to its practical extinction in 1747. 

Towards the end of the third century of our era we 
note the earliest movement into the Roman Empire of 
these bands of invaders of northern or eastern origin, 
whose incursions grew in frequency and magnitude as the 
foundations of the older civilisation decayed, until they 
not only overwhelmed Italy, but, gradually moving across 
central Europe, obtained a hold on Britain. 

The leaders of those invading tribes divided among 
themselves the territories which they subjugated ; and 
each in his turn subdivided his lands among his soldiers 
and others who became his vassals or feudatories. In 
the Leges Barbarorum, or codes of the laws of these 
tribes or nations, we have a compendium of their legis- 
lation with reference to the conquered ; and in the Styles 
of Marculfus, written about the year 660, we have the 
germs of our early English and Scottish writs and 



viii MELROSE REGALITY RECORDS 

charters. Among these styles, for example, will be found 
the grant to a duke or count of certain jurisdiction, 
requiring him to administer equal justice to all within 
his sphere ; a bond of indemnity by a feudal lord to one 
who has killed another at his instigation ; and the form of 
sale of a serf. 1 The right of possession acquired by these 
vassals became known by the new term ' Feudum,' 
anglici, fee. 

Although there are grounds for believing that there 
were seats of jurisdiction with heritable rights and vassal- 
age in pre-Norman times, we must allow that the intro- 
duction of the feudal system into Britain at the time of 
the Norman Conquest is probably the earliest authenti- 
cated source of formal judicial administration in respect 
of territorial possessions, as what preceded it was more 
of the communal character. On Anglo-Saxon times we 
cannot dwell. 

The Roman ' villa,' according to some authorities, was 
the archetype of the manor and barony. 2 Not only was 
the English manor formed after the pattern of the Norman 
barony, which had a Roman origin, but the same features 
were exhibited in the Scottish barony and regality when the 
feudal system made its impress upon the south and south- 
west of Scotland on the establishment of English settlers 
or knights under the patronage of Scottish sovereigns. 

In modern parlance we understand a ' villa ' to mean 
a mere residence, but among the Romans it represented a 
large landed estate held by some lord or great magnate in 
whom were vested extensive powers. 

Two enclosed courts surrounded the residence of the 
proprietor. The outer one contained the dwelling of the 
manorial or baronial officer, the common kitchen where 



1 Marculfus, Formulae, I. c. 8 ; n. c. 18 and c. 22. 

2 So Seebohm and others. Many scholars, however, assign to the manor a 
Germanic origin. 



INTRODUCTION ix 

the slaves cooked their food and performed their work, 
granaries and cellars where the produce of the estate was 
stored, cells where the slaves slept, and underground 
dungeons where they might be put in chains. The inner 
circle or court contained the stables and live stock. Out- 
side the enclosed area the land was worked by the slaves. 
Besides these slaves there were freemen, holders of allot- 
ments of land, who paid tribute to their lord in corn and 
other produce. 1 

Parallel in many respects to the Roman Villa is the 
English Manor in early times, which has been described as 
a territorial unit with judicial courts and local customs. 

A suggestive survey gives its main features as follows : 

(1) Castles and buildings in the demesne within and 
without the moat, with gardens, curtilages, dovecotes, 
fish-ponds, fields, and culturae with a certain number of 
acres of arable land in each culture of meadow and pasture. 

(2) Common pasture outside the demesne, on which the 
lord could place a limited number of beasts, with parks 
and demesne woods to cultivate and reclaim. 

(3) Woods outside the demesne, in which others have 
common rights with pannage, herbage, honey and all other 
issues of the forests, woods, moors, heaths, and wastes. 

(4) Mills having a monopoly of grinding (thirlage) for 
the tenants at fixed charges ; fish-ponds, rivers, and 
fisheries, several and common. 

(5) Pleas and perquisites belonging to the county, 
manor, and forest courts. 

(6) Churches belonging to the lord's advowson with 
heriots, fairs, markets, tolls and day works, services, 
foreign customs, and gifts, liberties, wardships, reliefs, 
and yearly fees. 

(7) Free tenants holding by socage, military service, 



1 For a fuller account of the villa, see. authorities quoted by Seebohm, The 
Englii.li Village Community, p. 263 et seq. 



x MELROSE REGALITY RECORDS 

fee farm, or 'in eleemosyna,' by charter or not, and 
doing suit at the lord's court. 

(8) Villein tenants, their tallage, day work, customary 
duties, and rents. 

(9) The officials, being the steward of the manor, the 
iprae-positus, and the bailiff. 

In formal terms a manor has been described as 'an 
estate forming both a possessory and an administrative 
unit, with a hall as its administrative centre, having 
certain lands retained by its owner in his own hands and 
other portions holden of him by tenants, who were bound 
by custom to do rent and service to the lord.' 1 

A Scottish barony or regality resembled the English 
manor in all points of constitution. Subinfeudation was 
restricted in England by Charter 9 Henry III., which 
provided ' that no man should either grant or sell land 
without reserving sufficient to answer the demands of 
his lord ' ; and by the Statute Quia Emptor es, 18 Edward i., 
it was enacted that ' from henceforth it shall be lawful 
to every free mail to sell at his own pleasure his lands 
. . . provided nevertheless that the feofee [subvassal] 
do hold the same ... of the chief lord of the same fee.' 
New manors could only be created by the Crown, and 
held of the sovereign, but Scotland continued the granting 
of subfeus. 2 

The learned contributions of the late Professor Maitland, 
chiefly published by the Selden Society, and the valuable 
work now being done by the Manorial Society, which is 
printing the forms, court rolls, and court books of the 
Lords of the Manor in England, afford a great deal of 
information regarding courts of heritable jurisdiction 
which cannot be obtained from Scottish records. 



1 Hone, The Manor and Manorial Records, Preface, p. vi. 

2 For further information on the history of the feudal system, we refer to Sir 
Thomas Craig, Jus Feudale, and Walter Ross, Lectures on Conveyancing, vol. ii. 



INTRODUCTION xi 

It appears that at an early period after the introduction 
of the feudal system the Scottish lord or chieftain owning 
estate approximately equivalent to the English manor 
became known as a baron, but the origin of the title is 
altogether obscure. 1 The earliest mention of a baron in 
Scotland that has come to our knowledge is contained 
in the Charter of David i. (dating from 1124) giving the 
lands of Annandale to Robert Bruce. 2 In a grant by 
David to Dunfermline, executed in 1125, we have barons 
mentioned together with earls. 3 

The powers of barony courts extended to the disposal 
of civil questions and bloodwits or lesser crimes, fines 
being exacted, sentences of imprisonment passed, and,, 
even in some cases, when expressed in the grant under 
which they were constituted, capital punishment might 
be inflicted. It has, however, to be kept in view that 
these courts with all their powers were the outcome 
of a composite and gradual evolution during several 
centuries when lawlessness was more or less prevalent. 
Such terms as lord of regality, baron, sheriff, steward, etc., 
are hardly capable of rigid definition as they were more or 
less subject to a process of change. What might be at 
one time a rude custom would sooner or later develop into 
a more formal practice, with laws and regulations of 
control. While, therefore, adopting generally the strict 
definitions of our institutional writers, we have to keep 
in view the elastic character of all these offices. 

The development of a lavish system of granting herit- 
able jurisdiction to favoured vassals latterly led to great 
abuses, for the lower courts were parcelled out among the 
Lords of Regality and Barons, and even sheriffships were 



1 Play fair, Baronage, vol. viii. p. I. 

* Nat. MSS., Scotland, vol. i., No. xx., extracted from Duchy of Lancaster 
Charters, box A, No. 115. 
3 Register of Dunfermline, No. 23. 



xii MELROSE REGALITY RECORDS 

frequently vested by heritable succession in the great 
landowners. This kind of grant arose at an early date 
and was not soon checked as in England. It is found in 
its fullest and most objectionable form ' in the charter by 
Robert Bruce to his nephew Thomas Randolph of the 
Earldom of Moray, where even the ancient free boroughs 
of the Kingdom are included within the king's grant to his 
favoured tenant in capite.' 1 This system led to the over- 
lapping of judgments, conflict between the courts and even 
with the Crown. Finally, under the Heritable Jurisdiction 
Act already referred to, the powers of these courts were 
restricted and the administration of the law fell more 
directly under the control of the Supreme Courts and the 
Crown. A large sum was then paid to the holders as 
compensation for the loss of revenue. 

The barony courts, as later known, even when they 
had the privilege of capital punishment, were not of the 
same extent and importance as the courts of a judge 
ordinary, such as a sheriff, steward, bailie of royalty, 
regality or burgh : the barons were subordinate to the 
sheriff and other judges ordinary within whose jurisdiction 
the lands lay. Their decreets could not be executed by 
hornings, but only by poindings and corporal punishment. 
Their courts were not courts of record in which writs 
could be registered, so that no recorded deeds in barony 
court proceedings have been preserved. 2 

Though resting under more restrictions than other courts, 
the barony courts had on the other hand this advantage, 
that all the profits, fines, and other emoluments belonged 
to the baron himself. Sheriffs, stewards, and bailies of 
royalty, as they presided over royal courts, were account- 
able to the sovereign alone. The bailies of regality, like 
the baron courts, were not accountable to any one for 

1 Cosmo Innes, Legal Antiquities, p. 40; Shaw, Moray, Appendix, p. 421. 

2 Stair, Institutes (More's edition, 1832), ii., 3.63, p. 241. 



INTRODUCTION xiii 

their ingatherings, because though they held royal courts 
the Crown had specially gifted the profits of the court to 
the vassal by the charter of erection of the regality. A 
grant of regality covered much higher powers than that 
of a baron, although it might chance, subsequent to the 
period when barons became peers of the kingdom, that a 
lord of regality or his bailie was not a titled superior. 

A regality has therefore been described as ' a separate 
little kingdom carved out of the realm, where a great man 
was indulged with a gift of supreme authority ' ; x or, again, 
the lord of regality has been defined as a magistrate who 
had a grant of lands from the sovereign with royal juris- 
diction annexed thereto. 2 In other words, it Avas a grant 
under which the sovereign devolved all his royal rights 
upon the grantee, including the power to exercise capital 
punishment and the power to deal with all crimes except 
treason. The civil jurisdiction of the lord of regality was 
thus often equal to that of the sheriff, his criminal 
jurisdiction to that of the justiciary, as it included the 
four points or pleas of the Crown and every crime except 
treason. 

The powers of the lord of regality were so extensive that 
he had even the right to appear before the sheriff or 
justiciar and demand that any culprit who dwelt within 
his jurisdiction should be sent back to be judged and dealt 
with by him. He was, however, obliged to find caution 
that he would do justice within a year and a day on 
the malefactor whom he repledged. This caution was 
called ' Culreach.' 3 

The constitution of a regality is illustrated in the 
letters of bailliary by the Abbot of Melrose in 1535, given 



1 Hill Burton, History of Scotland, vol. viii. p. 516. 

2 Erskine, Principles (Professor Rankine's 21st edition), p. 36. 

3 Quoniam attach., chap. viii. par. 7; Skene's edition, Kegiam Majeslatem 
(1774), p. 146. 



xiv MELROSE REGALITY RECORDS 

below, which defines the functions and powers of the 
Court at that period. 1 

' Letters of Bailliary by Andro, abbot of the Abbey of 
Melrose and Convent of the same, whereby in consideration 
of the King's Grace having taken the Abbey lands and 
tenants under his special protection, supply, maintenance, 
defence and safeguard, 2 they make, constitute and ordain 
their said sovereign lord the King's Grace their special 
protector, defender and baillie of the said Abbey lands 
and of all manner of lands, rents, and possessions pertaining 
thereto for all the days of his Grace's life : Giving, granting 
and committing to his Highness power for them and in 
their names and on their behalf to set baillie Courts, make 
suits to be called, absents to amerciate, trespassers to 
punish, unlaws, amerciaments and escheats to raise, up- 
lift and inbring, and if need be to poind and distrenzie for 
the same and for the mails, ferms, and profits of the said 
lands, to repledge the tenants and inhabitants before 
whatever judge or judges spiritual or temporal they be 
attached, caution for justice to be ministrat to give and 
find, and deputes under his Grace in the said office for 
execution of justice therein, with clerk, Serjeant, dempstar 
and all other officers and members of Court needful to 
make, create, ordain, and cause to be sworn : Providing 
always that the said Deputes be one of their own house- 
hold men or tenants of the said Abbay as shall please them 
and their successors for the time : The mails, etc., of said 
lands to ask, receive, and intromit with by his said deputes 
and officers, make discharges thereupon, and make count, 
reckoning, and payment of the same to the Granters, to 
sett and raise said lands, and the tenants and inhabitants 



1 MS. Calendar of Charters and Other Original Documents, in General Register 
House, Edinburgh, vol. vi. No. 1 107. 

2 The king's letter of protection here referred to is dated 23rd May 1535. — 
Liber de Melros, vol. ii. p. 626, No. 595. 



INTRODUCTION xv 

thereof to change, remove, input, and output — all as 
therein mentioned. 

' At Melros the [blank] day of [injured] 1535.' 1 

Another interesting example of such grants is to be 
found in the Charter of Sprouston, which contains the 
verdict of an inquest held by Robert i., declaring Sprous- 
ton to have the proper rights, powers, and customs of a 
regality. Through the kindness of Dr. George Neilson, 
Glasgow, we are permitted to print this charter. 

'Robertus Dei gracia rex Scotorum omnibus probis 
hominibus tocius terre sue salutem Sciatis nos inspexisse 
ac veraciter intellexisse inquisicionem de mandato nostro 
coram vicecomite nostro de Roxburgh per probos et 
fideles homines ejusdem vicecomitatus super libertatibus 
consuetudinibus et serviciis dominii de Sproustone factam 
et ad capellam nostram retornatam in hec verba. 

'Inquisicio facta apud Roxburgh die Sabati prosimo post 
festum Beati Petri ad vincula anno gracie millesimo 
tricentesimo vicesimo videlicet cum quibus libertatibus 
consuetudinibus liberisque serviciis dominus de Vescy 
integrum tenementum de Sproustone olim tenuit per 
Willelmum de Rule Adam de Rule Petrum de Aldroxburgh 
Johannem de Lilliscleif Robertum (de) Wodfurde Patricium 
de Langneutone Thomam fullonem Willelmum de Sprowi- 
stone Johannem fihum Ade Galfridum clericum Hadulphum 
Fossart Adam de Cavertone et Alexandrum de Chattow. 
Qui jurati unanimiter dicunt quod totum tenementum de 
Sproustone olim tenuit dominus de Vescy regaliter per 
easdem libertates quas dominus Alexander rex Scocie 
dudum alias terras suas ejusdem regni tenuit et per 



1 Subscribed by Andro, abbat of Melros, Richardus Patonsn, sup r or, Johes 
Brounfeild, Adam Hangatsyid, Thomas May'n, Thomas Dryden, Thomas Bly 4 , 
Robertus D r lyn, Radulphus Hudsonn, Robert Drying, Jhoes Fourros, Jhoes 
Vatsoun, Nicolaius Wilzeson, David Cawart, David Hoppringyll, Willelmus 
Filp, Ricardus Chatto, Thomas Smy*, Thomas M r ser, Jhoes And r son, Thomas 
Brounfeld, Jhoes Hogart, Kentg r nus P r wes. 



xvi MELROSE REGALITY RECORDS 

consuetudines quod nulli homines sui de tenemento de 
Sproustone infra burgos Scocie pro bonis suis propriis 
vendendis vel ad proprium usum suum emendo tallagium 
dabunt set tamen si dicti homines aliquod vendiderint vel 
ad proprium usum emerint et illud idem pro commodo 
suo mercando vendiderint tallagium dabunt et quod dictus 
dominus de Vescy habebit in dicto tenemento de Sprowi- 
stone justiciarium suum camerarium cancellarium coro- 
natores servientes ad habendum dicto domino de Vescy 
ad modum regis et eciam mensuras suas quascunque per 
se ad modum dicti domini regis Scocie manutenendas. In 
cujus rei testimonium sigillum vicecomitis de Roxburgh 
unacum sigillis Willelmi de Roule Alexandri de Chattow 
Hugonis de Roule Galfridi clerici qui dicte inquisicioni 
interfuerunt est appensum. 

' Nos igitur dominium tocius tenementi de Sprowistone 
predicti ad nos pertinens ad Robertum de Broys filium 
nostrum acceptare volentes dictum dominium eidem 
Roberto damus concedimus et hac presenti carta nostra 
confirmamus Tenendum et habendum sibi et heredibus 
suis de corpore suo legitime procreandis adeo libere et 
quiete plenarie et honorifice cum omnibus libertatibus 
commoditatibus liberis serviciis consuetudinibus et asia- 
mentis in omnibus et per omnia sicut inquisicio supra- 
scripta liberius quiecius plenius aut honorificencius plenius 
proportat et testatur Faciendo nobis et heredibus nostris 
dictus Robertus et heredes sui predicti servicium inde 
debitum et consuetum temporibus predecessorum nos- 
trorum regum Scocie. In cujus rei testimonium presenti 
carte nostre sigillum nostrum precepimus apponi Testibus 
Bernardo abbate de Abirbrotto cancellario nostro Thoma 
Ranulphy comite Moravie domino vallis Annandie et 
Mannie Waltero senescallo Scocie Jacobo domino de 
Douglas Alexandro de Setone et Roberto de Lawedre 
militibus Apud Berwicum super Teudam ultimo die 



INTRODUCTION xvii 

Januarii anno regni nostri quinto decimo ' (a.d. 1320- 
21). 1 

Translation 

Robert, by the Grace of God, King of the Scots, to all 
good men of all his land, greeting. Know ye that we have 
examined and truly comprehended the inquest made 
according to our command in presence of our sheriff of 
Roxburgh by good and faithful men of the same sheriff- 
dom concerning the liberties, customs, and services of the 
lordship of Sproustone, and rendered to our chapel in these 
words :— 

Inquest made at Roxburgh on the Saturday following 
the feast of St. Peter ad Vincula 2 in the year of grace 
1320, to wit — With what liberties, customs and free ser- 
vices did the Lord de Vescy formerly hold the entire tene- 
ment of Sproustone, by Willaim de Rule, Adam de Rule, 
Peter de Aldroxburgh, John de Lilliscleif, Robert (de) 
Wodfurde, Patrick de Langneutone, Thomas the fuller, 
William de Sprowistone, John son of Adam, Galfridus the 
clerk, Hadulphus Fossart, Adam de Cavertone and Alex- 
ander de Chattow : who, being sworn, unanimously declare 
that the Lord de Vescy formerly held the whole tenement 
of Sproustone like a king's holding by the same liberties as 
the Lord Alexander, King of Scotland, beforetime held all 
his other lands of the same kingdom and by the customs, — 
that none of his men of the tenement of Sproustone shall 
pay tax within the boroughs of Scotland for selling their 
own private goods or buying for their own private use ; but 
yet if the said men shall have sold anything or bought 
anything for their own use and sold that same thing for 
their own profit in trade, they shall pay tax ; and that the 



1 From a Transumpt of seven Great Seal charters under the Great Seal of 
James II., dated 20th January 1448-49, in possession of George Neilson, Esq., 
LL.D. The above is the sixth of the seven charters transumed. 

2 Lammas. 

b 



xviii MELROSE REGALITY RECORDS 

said Lord de Vescy shall have in the said tenement of 
Sproustone his own justiciary, chamberlain, chancellor, 
coroners, Serjeants for the said Lord de Vescy to hold after 
the manner of a king and even to maintain his own 
measures independently whatsoever they be, after the 
manner of the said lord, King of Scotland. In testimony 
of which matter the seal of the sheriff of Roxburgh is 
appended together with the seals of William de Roule, 
Alexander de Chattow, Hugo de Roule, and Galfridus the 
clerk, who were present at the said inquest. 

We, therefore, wishing to bestow on Robert de Broys our 
son the lordship belonging to us of all the aforesaid tene- 
ment of Sprouistone, give, grant, and by this our present 
charter confirm the said lordship to the same Robert to be 
held and had by himself and his heirs lawfully begotten 
of his body as freely and peacefully, fully and honorably, 
with all liberties, benefits, free services, customs and ease- 
ments in everything and by everything as the above in- 
quest more freely and peacefully, more fully and more 
honorably bears and testifies, on the said Robert and his 
aforesaid heirs performing to us and our heirs the service 
thence due and customary in the times of our predecessors, 
kings of Scotland. In testimony of which matter we have 
ordered our seal to be affixed to our present charter : wit- 
nesses : Bernard Abbot of Abirbrothock, our chancellor, 
Thomas Ranulph, Earl of Moray, Lord of Annandale and 
Mann, Walter, steward of Scotland, James, Lord of Douglas, 
Alexander de Setone and Robert de Lawedre, knights. 

At Berwick on Tweed, the last day of January, the 
fifteenth year of our reign. 

In connection with the recognition of Sprouston as 
a regality, we find mention of it in an inquisition held at 
Roxburgh by order of King Edward I. (2nd January 1304) 
upon the death of William de Chartres. The land of 
Appletreerig was declared to be his by right of inheritance, 



INTRODUCTION xix 

and we read ' cele terre est tenuz del regal de Sprouston 
par le service de un esperver "blanc" ou v. sous a la 
volunte du donour.' 1 

A baron, while he had power to deal with civil actions 
relating to debt and possessions, was restricted in criminal 
matters in so far as he could not deal with cases of treason 
and the four pleas of the Crown, which, as we have already 
recorded, were committed to the king's judges or lords of 
regality. The baron could, however, punish theft by capital 
punishment, 2 which fact may perhaps account for the 
occurrence so frequently of gallows hills near to the seats 
of barony as well as regality courts. 

No recorded laws or rules regulating a regality court 
have been handed down to us, because such courts were 
controlled by the arbitrary powers of the lord of regality ; 
but in the Regiam Majestatem we have a law, attributed 
to William the Lion, and dated 1180, giving the form 
and manner of holding a baron court, and in a general 
way we may assume that what regulated a barony would 
also control a regality court, though it had not the same 
royal supervision. 

The law to which we refer is rendered in the old Scottish 
vernacular as follows : — 

' The assise maid at Strivelyn the mononday next befor 
the fest of sanct Margaret the madin next eftir the first 
crounement of schir Philip king of France throw common 
consent of prelatis erlis and barounis and fre haldaris. 
That nouthir bischopis na abbotis na zit erlis na barounis 
na ony fre haldaris sal hald thar courtis bot gif the kingis 
schireff or his servand be thar or sommond to be thar for 
to se that the court be rychtuisly led. And in ilke ane of 
thar courtis the four hede mutis sal be reservyt to the kingis 
oyse the quhilk pertenis til his croun that is to wyt of 



1 Stevenson's Hid. Doc, vol. ii. p. 464. 

2 Erskine, Institutes (Professor Rankine's (21st) edition), p. 42. 



xx MELROSE REGALITY RECORDS 

revising of women of reff of byrning and of murthir. And 
gif the kingis schireff quhen he is sommonde to the court 
of baronis cumis nocht na zit sendis ony kingis servand 
it sal be leffull than to the baroun his court lauchfully till 
halde withoutyn the kingis forfalt and that be done throw 
lele wytnes. And of al othir maner of querellis ilke freman 
that court hes sal haf al thingis that fallys therof saufand 
the kingis amercyment. Item thar has na baroune leyff 
to hald court of lyf and lym as of jugement of bataile or 
of watir or of het yrn bot gif the schireff or his servand be 
thar at to se gif justice be truly kepit thar as it aw to be.' 1 

In 1197 these minor courts were regulated further by an 
ordinance passed at Perth, in which the great barons were 
pledged neither to support law-breakers nor take money 
for the remission of crimes. If they failed in their duties 
they were to forfeit for ever the right of holding a court. a 

We find that while the ecclesiastical court pronounced 
sentence of death upon a criminal the execution of the 
sentence was delegated to the civil authority or bailies. 3 

Among the earliest grants of heritable jurisdiction 
which we have traced is that of Alexander i. in 1124, in 
which he gave to the prior and brethren of the church of 
the Holy Trinity at Scone the right to hold courts and 
appoint ordeals of hot iron, water, etc. 4 

David i. in 1126 granted to the monks of St. Cuthbert 
at Durham the lands of Coldingham and others in that 
neighbourhood. 6 This charter is important in respect that 
it gives the grant in detail and links us with the ecclesi- 
astical court held on Homelecnol, to which we shall refer 
later. 



1 Assise Willelmi, No. 12. Note.— The last sentence of the assize is omitted 
in Regiam Majestutem, and in the Berne and Ayr MSS. 

2 Assise Willelmi, No. 20. 

3 Liber de Melrose, vol. i. p. 286-7, No. 325. 

4 Liter Eccl. S. Trinitatis de Scon, No. 4, p. 4. 

5 Raine, North Durham, Appendix, No. xv. p. 4. 



INTRODUCTION xxi 

In the charter we find the following words : — 

' Cum sacca et socca et toll et team et infangethef et 
cum omnibus terris et silvis et equis et fracturis navium et 
cum omnibus consuetudinibus liberas et quietas ab omni 
opere et servitio,' etc. 

There are to be found in other charters grants of blood- 
wit, outfangthef, furca et fossa and other rights, but the 
above is the earliest charter relating to Scotland we have 
been able to discover containing in detail the powers exer- 
cised by a lord of regality or baron. 

Some explanation of the terms may be of interest and 
value. 

Sac or sacca was a corruption of sacu, and meant the 
right to deal with litigious questions. 

Soc meant a liberty, privilege, or franchise granted to a 
subject, or the district over which jurisdiction was ex- 
ercised. 1 Briefly sac and soc meant litigation and juris- 
diction. 2 

Tol or Thol appears to have been the right of the grantee 
to exact custom or customary payments for goods entering, 
passing out of, or carried through his lands. 3 

Team meant warranty or pledge. In England the ex- 
pression was ' frank pledge,' which covered a sort of mutual 
bond of security between grantee, vassals, and others. It 
might be latterly expressed in the language of our Regality 
Court records as 'good neighbourhood,'' and of old was an 
attempt to remedy the insecurity of life and property. 4 

Infangthef meant the right to punish the thief caught 
* with the fang ' within the jurisdiction of the grantee. 

Outfangthef was the power to follow a felon with the 



1 Stubbs, Select Charters (9th edition), p. 526. 

' Gamier, History of English Landed Interests, p. 165, quoting from Stubbs, 
Constitutional History. 

3 Cosmo Innes, Legal Antiquities, p. 58. 

4 Assise Willelmi, Acts of Parliament, vol. i. p. 50, and Cosmo Innes, 
Legal Antiquities, p. 56. 



xxii MELROSE REGALITY RECORDS 

fang beyond the soc or jurisdiction, with a view to bringing 
him to justice in the grantee's court. These two rights 
carried with them the power to exact fines and to secure 
the movable estate of the thief (escheats) or attach the 
heritable estate ; so that these pecuniary benefits made 
the grant of a regality or barony the more desirable. 

Bloodweit meant jurisdiction in cases of assault where 
blood was shed : the ' weit ' meant the fine exacted and 
payable to the lord of the court. 

Furca el Fossa. Fossa meant of old the ordeal of testing 
the culprit's guilt or innocence by immersion in water : 
if the accused sank he was innocent, if he was guilty he 
swam. The belief was that pure water could not retain 
a perjurer. 1 Furca designated the gallows on which he 
was hanged when found guilty. Latterly the expression 
furca et fossa covered the barons' right of pit and gallows 
or jurisdiction in life and limb, or power to hang men and 
drown women. The charter already quoted refers to ' hot 
iron,* and it may be explained that this meant the treading 
upon or holding red hot iron. 2 The ordeals oiferrum and 
fossa were abolished by Alexander n. in 1230, c. 6. 3 

In the reign of David i. all greater magnates attended in 
person the royal moots every forty days, while in William's 
reign these became sheriffs' moots. 4 From this time forth 
the privilege of a regality was confined to the greater 
barons or clergy, upon whom it was conferred by grant 
from the sovereign. In the case of the clergy the abbot 
or prior appointed a deputy or bailie to hold the court, 
and this deputy was generally the most powerful pro- 
prietor in the district. He in turn appointed a bailie 
depute, who sat in the court, heard the cases, and pro- 



1 Lea, Superstition and Force, p. 280. 2 Hid., p. 253.. 

3 Acts of Parliament of Scotland, vol. i. p. 400, and Sir A. C. Lawrie, 
Early Scot. Charters, p. 299. 

4 Assise Willelmi, 19. 



INTRODUCTION xxiii 

nounced his interlocutors. To exact rents and other dues 
from a needy tenantry, a baron's bailie would often have 
to play a most ungracious, r.61e, as is suggested in a jeu 
d'esprit of the seventeenth century (ascribed to a certain 
Patrick Anderson, physician in Edinburgh), which pictures 
the court of a Scottish baron, the homely fashion of its 
procedure, and the subserviency of the bailie to the 
impecunious laird and his lady. 

' The Copie of a Baron's Court. Newly translated by 

What 's-You-Call-Him, Clerk to the Same. Printed 

at Helicon, beside Parnassus, and are to be sold 

in Caledonia.' 

I. In the first scene the Bailie appears in answer to a 

summons from the Baron, who has awkward pecuniary 

difficulties to face. 

Baron. Some disappointments makes me malcontent, 

I cannot live, and live not on my rent : 

My court and jurisdiction is as free 

As any not exceeding my degree, 

And you, Sir Bailie, know that I can do it, 

My old infeftmerits lead me justly to it. 
Bailie. Not to offend your worship in effect, 

I dare be bold, it is your own neglect ; 

Your predecessors, of good memory, 

Did manage matters with audacity ; 

Your power, Sir, is not a whit abridg'd, 

Nor yet was theirs more amply privileg'd. 
Bar. You 're right indeed : and I forsooth resent it, 

And possibly shall make some to repent it. 
Bail. Sir, hold a Court, that we may clearly see 

Th' alleg'd abuses of the barony. 

Go, Officer, and warn the tenants in, 

And where we ended let us now begin. 

If with your worship's pleasure it could rest 

To countenance the court, yourself, 'twere best. 
Bar. Go to, Sir Bailie, for I must confess 

You are sufficient for the business ; 

I '11 to the hunting : Hey, dogs ! Hey, dogs ! Hey I 

Great pity 'twere to lose so brave a day. 



xxiv MELROSE REGALITY RECORDS 

II. Bailie, Chamberlain, etc. 

Bailie ... Is your book about you ? 
Cham. A Psalm-Book, Sir ? . . . 
Bail. It is your book, man, of receipts I mean. 
Cham. Excuse me, Sir, it was by me mista'en ; 

What needs a book of that kind or condition ? 

I have discharges of my intromission. 
Bail. That 's not the matter : I would only see 

The count of rest, 1 if any rests there be. 

The Laird complains, and hath some cause I trow, 

At Whitsunday his worship hath ado, 

And yet his mails and duties come not in 

Till that the calends of the next year rin. 

This stains his credit, damnifies his state, 

And this abuse is bred but of the late. 
Cham. The roomes are rental'd to so high avail 

The tenants termly cannot pay their hail. 

The bygone years, you know, Sir, have been ill. 
Bail. They do not so, you '11 grant, continue still. 
Cham. I cannot help't : I poind, arrest, remove. 

And all I do is for the Laird's behoove. 

III. Lady, Bailie, Chamberlain, Clerk, Officer. 

Off. Madam, the members of the court are met ; 

All is not right, the Chamberlain doth fret. 
Lady. Where are they now ? 

Off. Below into the hall. 

Lady. Incontinent I will go see them all. 
Bail. God save your Lordship ! 
Lady. And you, Sir Bailie. 

The Laird hath won, and you must pay the tailzie. 
Bail. What is the matter ? 
Lady. I did lay a croun 

You should not come before the day at noon. 
Bail. But I durst lay the best ox in my plough, 

Madam, your tenants think it soon enow. 
Lady. Good Bailie, fleg them, fleg them, fleg them thieves, 

They multiply upon us termly grieves ; 

It 's Lammas now, and yet we want our ferm. 

My husband bought a fleet horse at the term, 



Balance due. 



INTRODUCTION xxv 

And I myself did sell a score of hogs 
To buy three couple of these English dogs, 
In case the Laird with caption were prest, 
He may hunt on to Berwick with the best. 

To make him free I will'd him sell a town, 

Though of the worth he would give somewhat down ; 

It 's misery to see a man so set 

To rack his rental, and obscure his debt. 

This is my verdict till the day I die, 

A man hath no more rent nor he hath free. 

IV. Lady, Bailie, Clerk, Officer, Tenants. 

Off. Sir Bailie, all the tenants are conven'd. 
Bail. Clerk, fence the court. Ten. The great God be our 
friend ; 

For anything that we can see or say 

No mercy is for none of us this day. 
Clerk. Silence : I fence, and I forbid in plain, 

In the behalf of our dread sovereign 

And in the name of the right honourable 

The Laird and Bailie, sitting at this table, 

That none presume to speak, though for a friend, 

Unless that leave be asked, and obtain 'd. 
Bail. Go forward quickly, and read on the rolls, 

That we may know the rest of farn year's bolls. 1 
Clerk. John Peterson, John Paterson, 

John Dunkison, John Davison, 

Tom Taylor, and his brother, 

Will Waker and his mother, 

The old good-wife, and her son Gibbie, 

John Jameson and stinking Tibbie, 

The Over-town, and Nether-town, 

The Wester-town, and Cottar-town, 

The Foul-Foord, and the Miln-town, 

Brank foment him, and the Hill-town, 

The Mutton Hole, and Reek thou there, 

The Windy- Walls, and Whissell-Bare. 
Off. They are all present. Ten. Here, Sir Bailie, here, 

We cannot run no faster to repair. 



1 The balance of last year's rent. 



xxvi MELROSE REGALITY RECORDS 

Bail. John Davison, come tell me what 's your rest, 
For you are one I know can pay it best. 

J. D. Rest, said you, Bailie ? Marry, God be lo'ed, 
My neighbours kens I get but little o' it. 

Bail. Behold that villain rightly understands, 
And yet unrightly answers my demands. 
I must speak Scots : Swinger, let it be shawen 
Into the court what thou art justly awen. 

J. D. My awen, I thank you, little or nothing 
Was ever mine since you began to reign. 

Off. The Laird is 'lighted, for it 's more nor noon, 
And ask'd at me if that the Court was done. 

Bail. Intreat his worship humbly to come in, 
He 's come in time ; I pray thee, fellow, rin. 
Your worship 's welcome ; I have been full near 
Your Bailie, Sir, I think this twenty year, 
And yet such knavery did I never see 
Under pretext of plain simplicity ; 
John Davison, as each man hears and sees 
He cuts me off with amphibologies. 

J. D. To tell you, Sir, the clipped veritie, 
I had a stag, a bonny beast to see ; 
Our good young master, the young Laird I mean, 
In a good time he coft 1 him here yestreen ; 
Whose price he said his father would allow, 
And this completes my bygone mails I trow. 

Bar. Pass from him, Bailie, for this time ; I swear 
If that I chance to live another year 
I '11 teach them better mariners. Clerk, call on. 

Bail. Call on the tenants of old Whisell-Bare. 
How now ? I think I see none of them there : 
Cause note them absent. Windy- Walls compear, 
What are ye resting for the foresaid year ? 

Ten. More nor our room can pay, as you well ken, 
If you exact 't we are but herried men. 

Bail. I cannot let these crafty villains pass. 



Bought. 



INTRODUCTION xxvii 

Go, Officer, and poind them, man by man, 
I '11 meet their craft the best way that I can. 

Call on the tenants of the Over-town. 
Ten. Here 's our discharges, Bailie. 
Bail. Lay them down ; 

They rest nothing indeed. 
Bar. Go take them in, 

And with the best ale roundly pack their skin. 

These are the lads that I may lippen till — 

Go to your dinners, eat and drink your fill. 
Off. The rest, Sir Bailie, have discharges too. 
Bail. That likes me well ; we have the less ado. 

Unlaw the absents, and see that ye poind 

The tenants resting, as you was enjoin'd. 
Clerk. Sir Bailie, please, you have not ended all ; 

There are some bills yet of complaint to call. 
Bail. Be short then, Clerk, I cannot stay, say on. 
Clerk John Dunkison against John Davidson. 
Bail. John Davidson, he is a pawky knave, 

He doth molest us more than all the lave. 
J. D. I never had a pack in all my life, 

But one, I wasted wooing of my wife. 
Bail. Your worship hears ; who can abide his mocks ? 
Bar. Go, Officer, and put him in the stocks. 
Clerk. As also. Bailie, here poor Maggie Beans 

Upon Will Waggrels heavily complains. 

Maggie Beans, having received bad barley seed from 
Will, is awarded damages for the failure of her crop. 

Lady. Now for my interest, Bailie, I compear, 

We have a kid-thief to our Webster here ; 

A greater knave lives not I think nor he, 

Cause punish him, and that exemplarly. 
Webster.. Bailie ! now for the love of God, but hear me. 
Bail. What would you say ? stand by, let him come near me. 
Web. It 's not so much for any imputation 

The Lady hath unto my occupation, 

As for my daughter, who but went away 

Out of her service the last Whitsunday, 

Who at her going, when she crav'd her fee, 

The Lady lock'd a gown up privily, 



xxviii MELROSE REGALITY RECORDS 

Which was into my daughter's keeping, so 

Her fee thus poinded, she got leave to go : 

Judge you, Sir Bailie, for I cannot read, 

If this be not a crying sin indeed. 
Bail. If that be true, I think, Madam, you wrong him. 
Lady. I know as much, Sir Bailie, as would hang him. 
Bail. Into this ground you shall no longer sit, 

Wherefore I warn you presently to flit. 

Off. Go get you gone in time, if you be wise, 
Lest you pass to the knowledge of assize. 

Then Bailie and Clerk discuss the lack of good servants 
in these days. 

Clerk. The steward, cook and brewster now are one ; 
All gallant fellows to the wars are gone. 
In one man's person this pluralitie 
Makes men indeed to crave a larger fee ; 
And lady's gentlewomen, as they call them, 
A world of gifts must nowadays befall them : 
To sew, to spin, weave pearline and knit shanks, 
To page the laird, and win the steward's thanks ; 
She must be rare in all these handy trades, 
Cast off her gown and syne go make the beds. 
At all occasions she must still be ready, 
Or else she is not meet to serve my lady. 
Bail. Clerk, by your leave, I '11 teach the Laird a trick. 
Requests you see instead of press go thick ; 
Offer unto some captain two or three 
Of yeomen, men within the barony ; 
By violence ere they aboord be brought 
They '11 rather stay and serve the Laird for nought. 
Ten. Bailie, forsooth your counsel ay was good, 

And heavy curse we give you to conclude. 
Bail. Your worship will take yon for me I trow. 
Bar. Such casualities belong to you. 
Bail. Sir, I request you for the Clerk provide them. 
Clerk. Nay rather, Sir, betwixt you two divide them. 
Lady. Clerks ay were knaves ; take up your books and gilt, 

You fash the Laird ; your dinner, Sir, is spilt. 
Bar. Up stay the plough, and let us kill a mouse, 
I and the Bailie must have one carouse. 



INTRODUCTION xxix 

In this skit, interspersed with much that is irrelevant, 
we see the respective duties of the officials, the ' fencing ' 
of the Court, the reading of the rolls, and the nature 
and conduct of the suits. 

Turning to England we shall find a very similar order of 
rule. There was not a definite classification of courts 
until about the beginning of Edward i.'s reign, when 
under his rigorous quo warranto inquiry they were divided 
into two grades. These were, on the one hand, the fran- 
chises and regalities {libertates and regalia), both of which 
the king maintained could only exist in the hands of a 
subject by virtue of a grant from the Crown, and on the 
other such jurisdiction as was comprised in the posses- 
sion of a manor or the mere fact of having tenants. 1 
Professor Maitland gives examples of the petty offences 
dealt with by these courts : The customary tenants had 
shirked from boon works or done their ploughing badly, 
others had been guilty of petty misdemeanours, one man 
had committed an assault, another was not in frank- 
pledge, a woman had broken the assize of beer, another 
had made too free a use of the English for ' meretrix * 
and so forth. In later times the English courts branched 
out in different directions, and the duties devolving upon 
the judges of such courts were correspondingly varied 
in character. Comparing the administrative powers of 
manorial and regality or barony courts, we may conclude 
that the laws of the two countries were at early periods 
practically the same, 2 and that the offences with which 
their respective courts dealt were similar in nature. 

In studying the evolution of heritable jurisdiction, we 
can trace how the powers and rights of regality and barony 



1 Maitland, Select Pleas in Manorial and Other Seignorial Courts, Introd., 
p. xvii. 
s See Lord Kames, Statute Laws of Scotland, abridged (1757 edition), p. 429. 



xxx MELROSE REGALITY RECORDS 

courts were defined by various statutes and Acts of 
Parliament. 

By 7 James i. 1427, c. 2, 1 small barons and freeholders 
were exempted from attending Parliament, a provision 
probably copied from England from King John's Charter 
of Privileges, Sees. 17 and 18. 2 Following this no free- 
holder under £20 per annum was required to attend. 3 
Next we have all barons and freeholders above one 
hundred merks ordained only to send their procurators, 4 
and finally the commissioners of small barons and free- 
holders were given a vote in Parliament. 5 Subsequent Acts 
regulated their attendance in Parliament. 6 

Various Acts of Parliament were passed regulating 
or curtailing the powers of the Lord of Regality and his 
officials. Thus on 27th May 1432 three statutes were en- 
acted, two dealing with those who executed the law before- 
hand, and those who refused to execute the law, and the 
third ordaining all officials to have wands and horns ; 7 while 
on 22nd October 1436 an Act was passed regarding the selling 
of thieves by the Lords of Regality. 8 By the fifteenth 
century the grants of regality were so extensive as to 
interfere with the royal prerogative, and in consequence 
it was enacted in 1455 that no regality could be granted 
except by Parliament. 9 This Act was qualified by the Act 
1617, c. 12, to the extent that when any party held an 
heritable right of jurisdiction, etc., for forty years, though 
not granted with consent of Parliament, he secured an 



1 Acts of Parliament of Scotland, vol. ii. p. 15. 

2 Lord Kames, Statute Laws of Scotland, p. 30. 

3 1457, chap, xxi., Acts of Parliament of Scotland, vol. i. p. 50. 

4 1503, chap, xxvi., Acts of Parliament of Scotland, vol. ii. p. 244. 
6 1587, chap, cxx., Acts of Parliament of Scotland, vol. iii. p. 509. 

6 1597, chap, ii., Acts of Parliament of Scotland, vol. iv. p. 141 ; 1661, chap, 
■ecliii., Acts of Parliament of Scotland, vol. vii. p. 235 ; 3 Charles II., Act 21 
(1681) ; I Anne, Act 8, ses. 4 (1707), etc. 

7 Acts of Parliament of Scotland, vol. ii. pp. 21-22. 8 Ibid., p. 23. 
9 James II., 1455, Acts of Parliament of Scotland, vol. ii. pp. 43-44. 



INTRODUCTION xxxi 

unchallengeable prescriptive right. In subsequent Acts of 
Parliament we find further regulation and restriction of 
regality and barony powers, until finally the Act of 
George n., c. 43 (1747), abolished all heritable jurisdictions. 

The sites upon which these Courts were held in early 
times, and the remains which aid us in their identification, 
form a branch of our inquiry which must not be passed 
over. Dr. Neilson 1 and Mrs. Armytage 2 have shown 
that when the original wooden castle of the Norman 
baron, built on some natural or artificial mound, gave 
place in course of time to a stone building, erected it 
might be on the same spot or elsewhere, the mound, the 
original gathering-place, usually remained at least for 
some time longer the seat of jurisdiction, where sasine was 
given and other functions performed. 

The Norman mote or mound was of varying heights, 
twenty, thirty, forty, up to about an hundred feet. It 
bore round the summit a breastwork or rampart of earth, 
enclosing a small court, which was surrounded by a 
stockade of timber and surmounted by a wooden tower, 
as shown in the Bayeux Tapestry. The base was sur- 
rounded by a ditch, while at the base of the mound there 
was a court much larger than the small space enclosed on 
the top of the mound. This bailey, court, or barrack was 
also surrounded by a ditch connecting it with the ditch 
of the mound so that the hill fortification was enclosed and 
the court protected by earthworks. Such castella and 
fortifications on these mounds in Scotland were erected 
to overawe the Celtic inhabitants and subdue them to the 
Crown, as we find stated in Benedict of Peterborough's 
Chronicle, which narrates in the year 1174 that ' the men 



1 Scottish Review, vol. xxxii. pp. 209-38. 
s Early Norman Castles of the British Isles. 



xxxii MELROSE REGALITY RECORDS 

of Galloway drove out all the bailiffs and guards whom the 
King of Scotland had set over them ; they slew all the 
English and French whom they could lay hold of ; they 
besieged, took, and destroyed all the fortifications and 
castella which the King of Scotland had made in their 
land, and slew all they found within.' x To Dr. J. H. 
Round is due the honour of proving that the castellum 
was at this date a fortified enceinte of earthwork and 
wooden erections. 2 An interesting description of one of 
these wooden castles, situated at Merchem, near Dixmude, 
Belgium, is contained in a passage in the life of Bishop 
John of Terouenne, written about 1130, by John de 
Collemedis. This has been discovered by Mr. G. T. 
Clark, who gives the following translation : 3 ' It chanced 
that in a town called Merchem, Bishop John had a 
guest-house. There was also close to the court of the 
church a strong place, which might be regarded as a castle 
or a municipium, very lofty, built after the fashion of the 
country by the lord of the town many years ago. For 
it was customary for the rich men and nobles of those 
parts, because their chief occupation is the carrying on 
of feuds and slaughters, in order that they may in this 
way be safe from enemies, and may have the greater power 
for either conquering their equals or keeping down their 
inferiors, to heap up a mound of earth as high as they were 
able, and to dig round it a broad, open, and deep ditch, 
and to girdle the whole upper end of the mound, instead 
of a wall, with a barrier of wooden planks stoutly fixed 
together with numerous turrets set round. Within was 
constructed a house or rather citadel, commanding the 
whole, so that the gate of entry could only be approached 



1 Benedict of Peterborough, vol. i. p. 68, Rolls Series, No. 49. 

2 Quarterly Review, 1894, Geoffrey de Mandeville, Appendix O. 

3 Clark, Mediaval Military Architecture, vol. i. p. 34, and also mentioned in 
Mrs. Armytage's Early Norman Castles of the British Isles, p. 98. 



INTRODUCTION xxxiii 

by a bridge, which, first springing from the counterscarp 
of the ditch, was gradually raised as it advanced, supported 
by sets of piers, two, or even three, trussed on each side 
over convenient spans, crossing the ditch with a managed 
ascent so as to reach the upper level of the mound, landing 
at its edge on a level at the threshold of the gate.' This 
striking description coincides with what has been observed 
in the vestiges of certain moated mounds in Galloway 
and in Scotland generally, and is borne out in illustrations 
of the Bayeux Tapestry. 

It has been shown by Dr. Neilson that in some baronial 
demesnes there are two distinct mounds, one the seat of 
the castle, the other the seat of the court of the lord, thus 
demonstrating that the original site of the baronial resi- 
dence had been abandoned for a new one while the ad- 
ministration of justice remained fixed in the older. Dr. 
Neilson gives a list of motes which were the site of the 
chief messuage of baronies in the thirteenth and fourteenth 
centuries, a great number of which he finds, from entries 
in the Betours, the Register of the Great Seal, and else- 
where, were seats of justice or places where sasine of a 
barony was taken ; 1 but this list, he expressly states, is far 
from exhaustive. Many more instances can be traced 
through the public records and otherwise. The subject, 
we may say, is still in its infancy. 

The well-known Tynwald Hill in the Isle of Man with 
its courts probably affords one of the best examples in 
Britain of a mote as an early seat of jurisdiction. The 
first syllable of the word, ' tin ' or ' ting,' signifies 'a court.' 
Near the county town of Dumfries there is a small village 
of the same name, Tinwald, in reference to which it is re- 
marked in the New Statistical Account of Scotland, ' " Tings " 
or courts are well known to have been held in the open air ; 
and immediately adjoining the church here, there is a 

1 Scottish Review, vol. xxxii. p. 234. 

C 



xxxiv MELROSE REGALITY RECORDS 

mound which a few years ago was perfectly entire, but is 
now 1 much defaced, evidently artificial, and said to bear 
a striking resemblance to one bearing the same name in 
the Isle of Man, upon which local courts were held until a 
very recent period.' In Shetland we find a place-name 
of the same derivation, Tingwall, and records have 
been preserved in Kirkwall of ' tings ' or courts, held 
at ' Heid Stanes.' 2 Their functions were to confirm 
lands to the Udal heir and to deal with minor criminal 
cases and village grievances of various kinds, just 
as our Regality Court Records contain services of 
heirs (Retours), and the settlement of local questions. 
The president of a court, or ' ting,' was the representative 
of the jarl, and sat in his place just as the bailie depute sat 
for the lord of regality or baron. 

Turning again to the mainland of Scotland, we must first 
mention the mote at Scone, a rising ground or hillock 
known as the Mount of Belief, 3 where the kings were 
crowned and where they held many courts. Parliament 
met there in September 1227,* on 5th February 1283-4, 5 
in 1286, 6 on 10th February 1292-3, 7 on 23rd February 
1301-2, 8 and on many other occasions. Robert n. was 
crowned there on 26th March 1371, and met his prelates, 
earls, barons, etc. on the following day ' in the Royal seat 
upon the Mount at Scone.' 9 On 7th March 1390-1 
Robert in. held a parliament there. 10 Palgrave's state- 
ment that this most ancient landmark in Scotland had 
been removed, — ' the great pyramid of Scotland, destroyed 
by the landscape gardener to adorn the view from 

1 January 1834. 

2 Miscellany of the Spalding Club, vol. v., Preface, pp. 38-39. 

3 See Dr. Skene and Dr. Stuart's account of it in Trans, of Scot. Soc. Antiq., 
vol. viii. p. 70. 

4 Acts of Parliament of Scotland, vol. i. p. 406. 6 Ibid., p. 424. 

c Wyntoun, Chronicle, book viii. chap, i., Amour's edition, vol. v. p. 155. 
7 Acts of Parliament, vol. i. p. 445. s Ibid., p. 545. 

9 Ibid., p. 454. 1° Ibid., p. 577. 



INTRODUCTION xxxv 

the drawing-room window,' 1 is fortunately incorrect. 
The editor through the kindness of Lord Mansfield 
has been permitted to examine this most important 
royal mote, and has the pleasure of stating that it is 
still in good preservation. 

Fordun says regarding it that Scotland was prior to the 
time of Malcolm n. divided into thanages or fee farms, 
paying rent to the Crown, but Malcolm remitted the rents 
and gave away the whole kingdom, only reserving to him- 
self the mote hill of Scone, 2 in return for which the people 
gave him the feudal rights of ' ward,' ' marriage,' and 
' relief.' No manuscript of this enactment is extant earlier 
than Fordun, who wrote, according to Skene, 1384-7. 
Following Fordun, Skene gives us the striking preamble 
of the Leges Malcolmi MacKenneth, which says : — 

' 1. King Malcolme gaue and distributed all his lands of 
the Realm of Scotland amongst his men. 

' 2. And reserved na thing in propertie to himself e, bot 
the royal dignitie, and the Mute-hill in the towne of Scone. 

' 3. And all his barons gaue and granted to him, the warde 
and releif of the heirs of ilk Baron, quhen he sould happen 
to deceis for the King's sustentation.' 3 

Though the Regiam Majestatem has been almost univer- 
sally condemned as apocryphal and shown to be an adap- 
tation or almost a copy of Glanvil, 4 yet we agree with 
E. W". Robertson when he states that there are probably 
some grains of truth lurking under the above statement. 
Walter Ross, 5 one of our ablest writers on conveyanc- 
ing, also gives weight to these laws, chiefly on the ground 
that they were revised and altered by Parliament on 



1 Palgrave, Normandy and England, vol. iv. p. 336. 

2 Fordun (ed. Skene), vol. i. p. 186. 

! Laws of King Malcolme MacKenneth, chap. i. 

4 Preface to Thomson's Acts of Parliament of Scotland, pp. 47-49, and the 
following collation. 

Ross, Lectures^ vol. ii. pp. 59-62. 



xxxvi MELROSE REGALITY RECORDS 

14th March 1425-6, * and acknowledged to have been the 
authentic law of the country by special Act of Parliament 
in 1487, 2 and again by Statute 1633. 3 We have also some 
support for the statement in this preamble, which most 
students view so sceptically, from the Booh of Deer, our 
oldest Scottish writing, where we find that Malcolm n. 
(Maelcolouim, son of Cinead) gave a grant of the king's 
' share ' in Bibdin and Pett (possibly Biffie and an old Mill 
on the Ugie). 4 

In a precept of sasine, dated 14th July 1456, granted by 
John, first Lord Lindsay of the Byres, in favour of Robert 
Innes of the lands of Aberchirder, there is a special 
reservation of ' le karnem de monte castri ' and an acre 
of land for the holding of courts. 5 At Innes, according 
to the account of the family of Innes by Duncan Forbes, 
written in 1698, there was 'a small hillock befor the 
Barrass-gate of Innes, upon which Sir Alexander received his 
honours, which to this day is called the Knights hillock.' 6 

In the Stewartry of Strathern there are a good many 
mounds which were the centres of jurisdiction. The 
king's steward held his court in 1320 at the ' Skait ' or 
Stayt, which was a mound on the lands called the Broich 
(Bordland), Crieff, 7 where on numerous occasions courts 
were held and documents executed. 8 Unfortunately this 
mound was levelled down in November I860, 9 but the 
gallows hill, referred to by Sir Walter Scott as the ' Kind 
Gallows,' 1( > where the criminals condemned at these 
courts were executed, is still in evidence, with a tree on 
its summit, at the south-west end of the town beside the 
cattle mart and a little west of the site of the other mound. 

1 Acts of Parliament of Scotland, vol. ii. p. 10. 

2 1487, chap, iii., Acts of Parliament of Scotland, vol. ii. p. 176. 

3 1633, chap, xxxii., Acts of Parliament of Scotland, vol. v. p. 47. 

4 Sir A. C. Lawrie, Early Scottish Charters, p. 224. 

5 Familie of Innes, p. 76. 6 Hid., p. 9. 

7 Hist. MSS. Com. 3rd Report, p. 418 ; New Statistical Account, vol. x. p. 497. 

8 Hist. MSS. Com. 7th Report, p. 711; Porteous, History of Crieff, 
PP- 35. 3 6 > 48-50- 9 Ibid., p. 51. ! ° Scott, Waverley, Note P. 



INTRODUCTION xxxvii 

The mound at Hund Hill, Longforgan, is specially inter- 
esting, as there is (or lately was) preserved among the 
papers of Sir Patrick Keith Murray of Ochtertyre the 
earliest known minute of a baron court in Scotland, 1 held 
there by Sir Patrick Gray on 16th January 1384-5. The 
original grant by Robert n. on 11th February 1373-4 to 
Patrick Gray contains a clause requiring the third of the 
service of one knight, thus indicating jurisdiction and 
courts. 2 Though these lands are situated at a considerable 
distance from Crieff, they in later times formed, and still 
form, part of the holdings of the family of Ochtertyre who 
held the heritable jurisdiction. 

South of the Forth, motes are more plentiful in the 
west than the east of Scotland. The mound at Castle 
Law near the Hirsel, Coldstream, is the only mote hill 
recorded in Berwickshire by the Royal Commission on 
Ancient and Historical Monuments in Scotland. 3 It is 
very well preserved, and seems to have been connected with 
the old barony of Darnchester. The ruins of a castle are 
close to it. Prior Aernaldus of Coldingham we note, whose 
tomb and stone coffin are still to be found at the priory 
there, held a court on Homelenoll about 1202-8. 4 There 
Henry de Prendergest granted two discharges before the 
whole court of Coldingham. 5 This mound, which is about 
a hundred to a hundred and fifty feet high, stands close 
to the sea at Coldingham Bay. Coldingham Law, which is 
near to the Priory, has a circular rampart round the top 
after the usual fashion of Norman motes, and leading from 
the main road near is found an old disused road to the 
Gallowshill, which immediately suggests to us the sinister 
connection in olden times between the seats of judgment 



1 Hist. MSS. Com. 3rd Report, p. 410. 

2 Great Seal Register, vol. i. p. 100, No. 25. 

3 Historical Monuments Commission, 1st Report, p. 20, No. 106. 

4 Raine, North Durham, Appendix, p. 44, No. 185. 

5 Ibid;, Appendix, p. 64, Nos. 333 and 334. 



xxxviii MELROSE REGALITY RECORDS 

and speedy execution. On the south side of the Tweed, 
in front of Makerston House, Roxburghshire, is a mote 
known locally as the Pleahill, where courts are said 
to have been held. Here it might be suggested were held 
the courts of the barony of Maxton, which adjoined the 
regality of Melrose. 

In the centre of the town of Hawick we have a very 
striking example of a mote or moat, the ancient seat of 
the Norman Lovels. 1 



I Robertson, Index, p. 5, No. 24. 

The earliest reference we have discovered to them is in the time of David I., 
when a certain Thomas de London who had married a Margaret Lovel obtained 
a grant of the Manor of Lessuden or St. Boswell. 1 She, with consent of her 
husband, Thomas de London, and her son by a former marriage, Henry Lovel, 
in the time of William the Lion (1165-1264) granted to the monks of Jedburgh 
the lands of Ughtredesxaghe. 2 Henry Lovel was in possession of the barony of 
Hawick in 1 166, when he is mentioned as a witness, s and again in 1 190. 4 His eldest 
son, Ralf, having died without issue, the widow, in 1207, claimed her dower and ' 
renounced the Scottish Barony of Hawick. 6 The younger son, Henry, having 
succeeded to the barony, died prior to 30th August 1255, 6 his son Richard was 
served heir to him and obtained the barony. 7 Richard Lupellus (Lovel), 'Lord 
of Hawick,' son of Henry, excambed certain lands for two oxengang in Branche- 
ulla (Branxholm). 8 Richard, having died without issue, was succeeded by his 
brother Hugh, who, in 1264, had some litigation with his sisters, 9 and was in 
possession of the barony in 1268 in the reign of Henry III. 10 Hugh, having 
died before 16th June 1291, was succeeded by his son who was in minority. 
His estates were placed under the charge of John de Soules, 11 whose daughter 
he married as it afterwards appears. His heir, Richard Lovel, swears to serve 
against France on 10th June I297. 12 He is mentioned in a roll of knights, etc., 
in 1298, 13 and on 28th July 1301. 14 On 1st September 1302 16 he finds two men 
at arms to support Edward I. He receives ten marks on 15th April 1306 for 
assisting Edward to put down Robert the Bruce. 16 He seems to have left Scot- 
land about this time, for Robert the Bruce gave the lands of Branxholm, in the 
Barony of Hawick, which belonged to Sir Richard Lovel, to Sir Henry Baliol. 1 ' 
On 4th January 1310-11 the King (of England) gives him the Manor of Wyn- 
firthegle in exchange for the manor of Old Roxburgh, belonging to Muriella, 
his wife, heiress of John de Soules. 18 . He was valet to Edward 11., and obtained 

1 Liber de Dryburgh, p. 44, No. 58. 

2 Charter of Jedburgh.A'a/. MSS. Scotland, vol. i. No. 38. 

3 Cat. Doc. Scot., vol. i. p. 14, No. 105. 4 Ibid., p. 31, No. 204. 

n Ibid., vol. i. p. 66, No. 407. 6 Ibid., p. 384, No. 2000. 

7 Ibid., p. 463, No. 2350. 8 Reg. St. Andrews, p. 261. 

9 Cat. Doc. Scot., vol. i. p. 471, No. 2374. 10 Ibid., p. 497, No. 2502. 

II Ibid., vol. ii. p. 129, No. 534. 12 Ibid., p. 234, No. 891. 
13 Ibid., p. 258, No. 101 1. 14 Ibid,, p. 304, No. 1190.' 
15 Ibid., p. 337, No. 1321. 16 Ibid.,- p. 474, No. 1702. 

17 Robertson, Index, p. £, No. 24 ; Great Seal, vol. \. p. 6,-No. 24. 

18 Great Seal Reg., vol. lii. p. 37, No. 189, 



INTRODUCTION xxxix 

Mr. A. O. Curie, has recently cleared out the ditch 
around this mote in several places, and among other 
objects discovered a coin of the reign of Henry n., thus 
fixing the residential occupation of the mote in the twelfth 
or thirteenth century, when we have seen Henry Lovel 
held the barony. After the lands were forfeited by the 

a charter in 1316 of the lands of Sir John Soules in Dumfries and the manor of 
Old Roxburgh as husband of Sir John's daughter, 1 but Old Roxburgh was re- 
tained by the king for the safety of Roxburgh Castle, and Richard Lovel and his 
wife got a grant of the Manor of Bradenach in Devon in exchange. 2 He was 
evidently deprived of the Barony of Hawick, for in the reign of David II. (1329- 
71), Mauritius de Moravia, Earl of Strathern, had a grant of this barony. 3 
Thomas (?) Murray had a grant of it, and also of Sprouston. 4 Maurice Murray 
had a grant of the town of Branxholme, which John Balliol had forfeited, 6 and 
Maurice Murray had a grant of the ward of Walter Cumming of Rowallan in the 
Barony of Hawick, 6 — all pointing to the forfeiture of the Lovels. On 22nd 
September 1341 David 11. gave to Sir Wm. Douglas the lands in the valley of 
the Eske and the Ewys which James Lovel had forfeited. 7 In August 1347 
certain commissioners appointed by Leonel, the king's son, on 26th May of that 
year, 8 report that Richard Lovel himself and his ancestors have possessed the 
Barony of Hawick from time beyond memory till it was taken in the king's hand 
under his ordinance by the Sheriff of Roxburgh, that the barony is held in fee 
simple of the king as to the Castle of Roxburgh by service of . . . that it is 
worth in all issues ... 40 merks. 9 The records contain many references 
showing Richard or Sir Richard Lovel and his wife were then residing in 
Somersetshire and owning manors there. He had an only son, James Lovel, 
who predeceased him, for his widow, Isabella, had liferent of two Somerset 
manors on 18th November 1342. 10 These manors had been settled on him by 
his father on 9th March 1 328-29. u As the reversion in the grant was to Richard 
and his heirs, it is evident that the son died without issue during his father's 
lifetime, and that the lands and barony then passed out of their hands. In the 
reign of David 11. (1329-71), William, Lord Douglas, younger, obtained a 
grant of the lands of Eskdale and Ewsdale which William Lovel had forfeited. 12 
This is probably the Sir William Lovel who was at Haydenebrugge in July 
1327. 13 Lord Douglas obtained a grant on 22nd September 1341 of the lands 
which James Lovel had forfeited. 14 

We may conclude that the Lovels had adhered in their allegiance to the 
English crown, and had therefore retired to their English estates and been for- 
feited in Scotland, thus losing their barony and the Mote of Hawick. 

I Cal. Doc. Scot., vol. iii- p. 102, No. 530. 2 Ibid., p. 106, No. 552. 
3 Robertson, Index, p. 33, No. 29. 4 Ibid., p. 45, No. 17. 

5 Ibid., p. 46, No. 2. 6 Ibid., p. 54, No. 4. 

7 Act of Parliament, vol. i. p. *i55. 8 2 i Edward lit. 

9 Cal. Doc. Scot., vol. iii. p. 275, No. 1506, extracted from Inq.post mortem, 21 Edward in. 
(rst Nos.), 70. 

10 Ibid., vol. iii. p. 256, No. 1402 ; Patent Rolls, 16 Ed. in., p. 3, m. g. 

II Ibid., vol. iii. p. 176, No. 977; Ibid., 3 Ed. in. p. 1, m. 28. 

18 Robertson, Index, p. 39. 13 Cal. Doc. Scot., vol. iii. p. 168, No. 926. 

14 Acts 0/ Parliament, vol. i. p. 155. 



xl MELROSE REGALITY RECORDS 

Lovels and granted to the Morays they passed into the 
hands of the Douglases. On 5th November 1484 James 
Douglas, son of William Douglas of Drumlanrig, obtained a 
charter of the Barony of Hawick, in which it was provided 
that the sasine should be taken ' ad capitale messuagium 
baronie de Hawyk nuncupatum le Mote.' The Deed pro- 
ceeds to record that sasine was so granted, ' acta erant hec 
apud dictum lie mote de Hawik.' * Similarly in a charter 
to Sir William Douglas of Drumlanrig we find ' quas [terras] 
rex incorporavit in unam liberam baroniam de Hawik, 
et voluit quod una sasina apud principale messuagium 
sufficeret pro terris in warda tentis, et sasina apud le moit 
de Hawik pro terris in alba firma tentis, et villain de 
Hawik in burgum in baronia.' 2 

In a similar way we might trace the baronial connection 
of other motes. Sasine was given by John Murray of 
Fawlohyll, Sheriff of Selkirk, of the Lordship and Forest 
of Ettrick and Tower of Newerk, near the Tugurium and 
manor of Galloschelis. 3 In 1185 William the Lion held a 
Court at Roxburgh ' at the Justis Mute in the fest of Saint 
Symon and Jude with common consent of all the Baronies 
thar togidder gadderit.' 4 It was known as the Castle of 
Marchmound, 5 and the mound or mote with a trench 
round it still remains. Alexander n. held a court there 
on 30th March 1231. 6 At Annan, the lordship of which 
was granted by David i. to Robert de Brus, 1124-40, 7 
there is a mound known as Bruce's Moat where courts 
were held 8 at or before 1218, and the Galabank of the 
present day doubtless covers the site of the gallows. 

The mote of Tibbers, also in Dumfriesshire, is fre- 

1 Fraser, Scotts of Buccleuch, vol. ii. p. 85. 

2 Great Seal Reg. 1511, No. 3576. 

8 Bain's Cal. Doc. Scot., vol. iv. p. 344, No. 171a. 

4 Assise Wittelmi Regis Acts of Parliament , vol. i. p. 371. 

5 Liber de Calchou, vol. i. , Preface, p. 4. 

6 Acts of Parliament of Scotland, vol. i. pp. 407-8. 

7 Cal. Doc. Scot., vol. i. p. 6, No. 29. 8 Ibid., No. 704, p. 124. 



INTRODUCTION xli 

quently referred to in early charters. 1 On 28th June 
1363 David n. confirmed George Dunbar in half the 
baronies of Tibers and Morton in Dumfries. 2 On 
23rd August 1369 George of Dunbarre, Earl of March, 
granted to John Mautalent for his homage and service 
all his lands and tenements of his barony of Tybres, 
excepting to the granter and his heir his messuage the 
mote (Monte) of the Castle of Tybris with Dalgernok, 
and the lands of the free tenants ... for rendering three 
suits yearly at the granter's court of Tibres and to the 
king ' forinsec service ' so much as belonged to the lands. 3 
The lands of Tibbers are referred to in a Crown Charter 
by Robert in. to Robert Mautalent on 11th October 
1401, 4 and on 10th August 1489 James iv. grants to 



1 Sir Richard Siward gets 40 marks sterling on 24th March 1291-2 for 
keeping the three castles of Galloway and Nithsdale, 1 which were Dumfries, 
Kirkcudbright and Wigtown. 2 He was witness to Balliol's homage to Edward I. 
on 16th January 1292-3. " He was taken prisoner at Dunbar Caslle, 16th May 
1296, and sent to the Tower. 4 His wife obtained protection 17th December-30th 
September 1295-6, B and an annuity from his lands 15th April-24th October 
1296. 6 His forfeited estates were restored to him on 31st July 1297, 7 and he 
was freed from the Tower on 30th July 1296-97 to serve the king beyond the 
seas, his son John being left as hostage. 8 His son Richard, junior, is to have his 
fetters removed and be treated leniently (29th May 1 298) in Bristol Castle, because 
of his father's good service in Flanders. 9 He begins to build a house at Tibbers 
on 27th August 1298. 10 He is appointed Warden of Nithsdale on 23rd April 
1299. 11 On 16th November 1299 he is ordered to strengthen the palisade of the 
close of Lochmaben Castle. 12 This was doubtless the older castle which was 
erected on another site where there is sufficient left of what may well have been 
a mote before there was a stone castle erected at the Castle Loch. On 12th June 
1 302 he receives ,£50, the balance of the repairs of his Castle of Tybres. 13 He was 
made prisoner in Tibbers Castle by Robert Bruce in February or March 1306." 
On 4th August 1306 John de Seton was drawn and hanged for holding it against 
the king. 16 

2 Great Seal, vol. i. p. 29, No. 53. 

3 Hist. MSS. Com. Report, Duke of Buccleuch, p. 32, No. 54. 

4 Ibid., p. 33, No. 56. 

1 Cat. Doc. Scot., vol. ii. p. 139, No. 582. . 

2 Ibid., p. 140, No. 5S9. 3 Ibid., p. 15s, No. 660. 4 Ibid., p. 176, No. 742. 
6 'Ibid., p. 220, No. 839. 6 Ibid., p. 224, No. 853. ' Ibid., p. 240, No. 930. 
8 Ibid., p. 244, No. 950. 9 Ibid., p. 252, No. 986. 10 Ibid., p. 257, No. 1005. 

11 Ibid., p. 271, No. 1067. > 2 Ibid., p. 282, No. 1112. 13 Ibid., p. 331, No. 1307. 

14 Registmm Abbatisjohannis, Whithamstede, Rolls Series ii. , iv. 347. This letter, ascribed 
by the editor to 1298, plainly belongs to 1306. 

15 Cat. Doc. Scot., vol. ii. p. 486, No. 1811. 



xlii MELROSE REGALITY RECORDS 

Robert Mateland of Auchincassill a charter of 'locum 
Castri et montem nuncupatum le Mote de Tibris ' with 
bounds and pertinents extending to two acres, etc. 1 
James Maitland is retoured as heir to his father, Robert 
Maitland, in certain two acres of land in the town of 
Tibris on 11th May 1506. 2 These two acres seem to 
have contained the mote, for on 21st July 1510 he re- 
nounced in favour of Sir William Douglas of Drumlanrig 
' the twa akiris of land, the Mote and Castellstead of the 
Tybbiris.' 3 Tibbers is again referred to in the Crown 
charter in favour of John Maitland of Auchingassill and 
his heirs on 25th April 1541 as ' castri locum et montem 
lie Mote de Tibberis nuncupat., extenden. ad duas acras 
terrarum.' 4 In parecept by Queen Mary on 12th July 
1544 for granting sasine to James Douglas of Drumlanrig 
the stead of the Castle is mentioned, ' Castri locum alias 
Castell Mote of Tibberis.' 5 It is followed by a commission 
by her in his favour to hold courts, appoint deputes, etc. 6 
The lands and barony with the Castle and ' Castellmoit ' 
are mentioned in the service of William Douglas of 
Drumlangrig as heir to his father Sir James Douglas 
of Drumlangrig, 17th October 1615, 7 and again in the 
service of James, Duke of Queensberry, as heir male of 
entail to his father William, Duke of Queensberry, 22nd 
October 1695. 8 

Citing only one example in Ayrshire, we would select 
Tarbolton Hill, because not only is there the mote hill 
here, but in close proximity to it there is another mound 
which still bears the name of the Gallow hill. Chalmers, 
speaking of Tarbolton, says, ' At this village there is a 



1 Hist. MSS. Com. Report, Duke of Buccleuch, p. 19. 

2 Ibid., p. 34, No. 59- 3 Ibid., p. 14, No. 12. 

4 Great Seal Register, 1 541, No. 2342. 

5 Hist. MSS. Com. Report, Duke of Buccleuch, p. 18, No. 26. 

6 Ibid., p. 21, No. 32. 7 Dumfries Retours, No. 189. 
8 Ibid., No. 344. 



INTRODUCTION xliii 

mount or small hill, which was formerly the court -hill of 
the barony of Tarbolton, and the hall formerly built on 
this mount was the chief messuage of the barony, where 
sasine was given.' x In a grant of the lands and barony 
of Tarbolton to John Stewart, son and heir to Matthew, 
Earl of Lennox, and Elizabeth Stewart, his spouse, in 
which those lands were incorporated into a free barony, 
they are referred to as ' quas [terras] rex pro bono servitio 
incorporavit in unam liberam baroniam de Torboltoun, et 
ordinavit aulam situat. super le Courthill de Torboltoun 
fore capitale messuagium ejusdem.' 2 

It would be easy to add to the few examples we have 
given, but they will suffice to show that many a mote 
stands recorded as the original judicial gathering-place of 
a Scottish barony or regality. 

The question naturally arises : Where were the Mel- 
rose Regality Courts held, and is there any evidence of a 
mote in the neighbourhood ? From the 28th March 1657 3 
courts were regularly held in the Tolbooth. On 1st July 
1607, it is recorded that the court was held ' in the kirk,' 4 
indicating, we think, that this was an exceptional meeting- 
place. The earlier courts, we imagine, would be held within 
the Chapter House or other buildings apart from the Abbey 
itself, as ecclesiastics were prohibited from holding their 
courts within a church. 6 We have failed to discover 
the site of a mote in the neighbourhood of the Abbey, 
though the ancient landmark of the Gallowbrae is still 
to be found. 

The history of the Monastery of Melrose dates from 
the end of the sixth, or the beginning of the seventh 



1 Chalmers, Caledonia, vol. iii. p. 515. 

2 Great Seal Register, 1511, c. 3691. 

3 Regality Court Books, vol. i. p. 138. 4 Bid., vol. i. p. 34. 
5 Acts of Parliament, vol. i. p. 388. 



xliv MELROSE REGALITY RECORDS 

century, when a religious house was established on the 
right bank of the Tweed, about a mile below Leaderfoot, 
at a point where the river, making a sudden bend, forms 
a natural defence to the site. 1 The first abbot of this 
monastery was Eata, pupil of the great Aidan, Bishop 
of Lindisfarne ; z the first prior, Boisil or St. Boswell. 
More famous still was the member of the fraternity who 
on the death of Boisil was appointed prior in 664, — St. 
Cuthbert. 3 

In 839 the Monastery was burned by Kenneth, King of 
the Scots. Though restored to some extent and more 
than once reinhabited, it was allowed gradually to fall 
into decay and was finally abandoned in the second half 
of the eleventh century. For generations thereafter it was 
much frequented by pilgrims who came to pay their 
vows at its shrine of St. Cuthbert's Chapel. 

In 1136 David i. founded a new monastery on the 
Tweed, two and a half miles west of the former building ; 
and the name of Melrose being transferred to this later 
foundation, the earlier was henceforth known as Old 
Melrose. To the new monastery of Melrose, completed 
in 1146, came a company of Cistercian monks from 
Rievaulx in Yorkshire. 

In 1322 the Monastery was ransacked and destroyed by 
the English army under Edward n. For its rebuilding 
Robert the Bruce made a grant on 26th March 1326 of 
two thousand pounds out of the revenues from the 
escheats, fines, etc., of the county of Roxburgh. 4 On 10th 
November 1357 David n. granted a protection in favour 
of the Abbey, 5 and on 31st August 1358 the monks 

1 Eyre's History of St. Cuthbert, pp. 13 and 235. 

2 Simeon of Durham, Bede, lib. III. c. 26. 

3 Bede, lib. IV. c. 29 ; Raine's North Durham, pp. 60, 62. 

4 Liber de Metros, vol. ii. p. 325, No. 361 ; Acts of Parliament of Scotland, 
vol. i. p. 483 (red paging). 

5 Liber de Melros, vol. ii. p. 398, No. 433 ; Acts of Parliament of Scotland, 
vol. ii. p. 329. 



INTRODUCTION xlv 

obtained from him the whole custom of their wool. 1 Their 
lands were then confirmed to them, and they were erected 
into a free regality, 2 so that from this date (1358) we can 
trace the existence of an heritable jurisdiction. 

It is more than likely that the monks had exercised 
judicial powers from the time of the establishment of the 
monastery, for we find a reference to their court in the 
time of Robert i. (1306-27). 3 Other monastic establish- 
ments had already acquired judicial functions : the Priors 
of Coldingham acted in a judicial capacity in their court 
on Homelenoll as early as 1202-8, 4 and Richard, Abbot of 
Kelso, held a court of regality on 15th August 1285 at 
Reveden (Redden). 5 At first the abbots of Melrose them- 
selves exercised jurisdiction over their vassals, but later 
on it will be found that they delegated their duties to a 
lay assessor, and the appointment became hereditary in 
the hands of the Scotts of Branxholm, who latterly became 
the Dukes of Buccleuch. 

Richard II., raiding the country in 1385, burnt the Abbey 
of Melrose. In October 1389, however, he indemnified 
the monks by granting a reduction of two shillings on 
each sack of wool up to one thousand sacks which they 
should export from Berwick-on-Tweed. 6 

Sir Walter Scot of Buccleuch, 'Wicked Wat,' was 
appointed bailie of the Abbey lands in 1519 by Robert, 
Abbot of Melrose. The office was shortly after made 
hereditary, and confirmed by a charter under the seal of 
the Papal Penitentiary, dated 12th May 1525. 7 

By the reign of James i. the worldliness and arrogance 
of the churchmen, the monks of Melrose among others, 
had become marked, and disapproval of the tone of their 

1 Liber de Metros, vol. ii. p. 401, No. 436. 2 Ibid., p. 399, No. 435. 

3 Ibid., vol. ii. p. 34r, No. 377. 

4 Raine, North Durham, Appendix, No. 185, p. 44. 
6 Liber de Calchou, vol. i. p. 179, No. 218. 

6 Cal. Doc. Scot., vol. iv. p. 88, No. 397. ' Scots Peerage, vol. ii. p. 229. 



xlvi MELROSE REGALITY RECORDS 

lives was increasing amongst laymen. In the course of the 
next generation discontent was rife, but such reforms 
as were attempted by the general chapter of the Cistercian 
Order at Citeaux in the time of James v. were rendered 
ineffectual by the petitionings of the monks. The abuses 
of the Church of Rome remained to be swept away only 
by the overpowering force of the Reformation. 

The Abbey was demolished in 1545 by Sir Brian Latoun 
and Sir Ralph Evers, who made an incursion into Scotland 
and defaced the tombs of the Douglases at Melrose, an 
outrage which the Douglases and the Scotts avenged in 
the battle of Ancrum Moor. 

When at length the Reformation came, by Act 6 James 
v. c. 20, the Church lands were appropriated to the 
extent of one-third of the revenue of the benefices, and 
the superiority was annexed to the Crown. On 7th 
June 1568 Michael Balfour, Commendator of Melrose, 
by authority of Royal letters, dated 3rd March 1557, 
granted in feu farm to Alexander Balfour of Denemylne 
a large amount of the Abbey lands. 1 In 1566 Queen 
Mary had granted the Abbey lands to Francis, Earl of 
Bothwell ; and on Bothwell's forfeiture the Monastery 
with its lands and lordship, and with power to feu the 
lands, was granted on 1st May 1569 2 to James Douglas, 
second son of Sir William Douglas of Lochleven, as 
Abbot and Commendator. The grant is explained by 
the fact that the Commendator's mother was also mother 
of James Stuart, Regent Moray, by James v. The Act 
of annexation of 1587 put the lands under the complete 
power of the Crown. 3 On 9th December 1606 * the Com- 
mendator resigned the lands into the hands of the king, in 

1 Great Seal Register, 1546-80, p. 460, No. 1819. 

2 Register of Presentation to Benefices (General Register House, Edinburgh), 
vol. i. f. 23. 

3 Acts of Parliament, vol. iii. p. 431. 

4 Liber de Metros, vol. ii. pp. 657-9. 



INTRODUCTION xlvii 

order that they might be erected into a temporal lordship in 
favour of the Earl of Morton. 1 The Earl of Morton having 
resigned the lands and lordship, the king, on 28th August 
1609, 2 granted them in favour of John Ramsay, Viscount 
Haddington, for his services in the Gowrie Conspiracy on 
5th August 1600. In this grant an allowance was made 
to James Douglas, the Commendator, and all regalities 
were reserved. This John Ramsay was a son of Robert 
Ramsay of Wyliecleuch. He was created Viscount 
Haddington and Lord Ramsay of Barns on 11th June 
1606, and on 28th August 1609 Lord Ramsay of Melrose, 3 
when he obtained a charter of the lands and barony of 
Melrose, which were then erected into a free lordship and 
barony with power to appoint a provost and bailies, 
admit burgesses, etc., but these powers were never 
exercised. He resigned the peerage, lordship, and barony 
on 25th August 1618 in favour of Sir George Ramsay of 
Dalhousie, a relative, who received the grant and the title 
of Lord Ramsay of Melrose. 4 John Ramsay went into 
seclusion for a short time, but on 22nd January 1620-1 
he was created Baron of Kingston-on-Thames and Earl 
of Holderness. When resigning the earldom he sold 
the lands of Melrose on 30th September 1618 6 to Sir 
Thomas Hamilton, who on 19th November 1613 was 
created Lord Binning, 6 and on 20th March 1619 Earl of 
Melrose and Lord Byres and Binning. 7 On 14th February 
1621 the Earl of Melrose received from James vi. a new 
grant of the lordship and barony of Melrose and all the 
temporal rights that the Abbacy of Melrose had formerly 

1 4th Nov. 1606, Roxburgh Rttours, No. 43. 

2 Great Seal Register, 1609-20, p. 51, No. 139; Acts of Parliament, vol. iv. 
pp. 461-4. 

3 New Scots Peerage, vol. iv. pp. 297-302. 

4 Great Seal Register, 1609-20, pp. 692, 710. Nos. 1913 and 1958. 

5 Ibid., 1609-20, p. 693, No. 1915. 

6 Ibid., 1609-20, p. 339, No. 926. 

7 Ibid,, p. 726, No. 2010, 



xlviii MELROSE REGALITY RECORDS 

held, which was to be called the Burgh of Regality of 
Melrose, power being granted him to create a provost, 
bailies and councillors, and to have market and levy 
customs. 1 These superiority rights were purchased by 
Ann, Duchess of Buccleuch. In 1747 her descendant, 
Lady Isabella Scott, obtained the sum of £5000 as com- 
pensation for the regality rights on the abolition of 
heritable jurisdiction. 

The series of records of the Regality of Melrose, now 
published by the Scottish History Society, begins with a 
volume of Acts and Decreits of the Bailie's Court, for the 
period from 31st August 1605 to 17th June 1609, pre- 
served in the Register House, Edinburgh. The Court 
Books, containing the Registers of Decreits between the 
years 1609 and 1657, appear to have vanished, and the 
Editor has been unable to trace them, but a record of the 
Court during this period is contained in a single volume, a 
Register of Deeds, Obligations, Hornings, and Indentures, 
covering the period from 15th February 1641 to 5th 
August 1651, now in the possession of Mr. James Curie 
of Priorwood, Melrose, who has kindly offered it for 
publication by the Society, together with other docu- 
ments relating to the Court. Three further volumes 
belonging to Mr. Curie continue the series of Acts and 
Decreits from 28th March 1657 to 11th March 1676, 
while some unbound sheets, containing matter relating 
to the proceedings against Covenanters and others, bring 
down the Register to 12th July 1682. From separate 
sheets, also in Mr. Curie's hands, we have the Enrolments 
of the Regality Court for the years 1682 to 1684. Finally, 
there is included a volume of Hornings, Inhibitions, etc., 
for the period 1662 to 1706, also from the Register House. 

The Regality Books contain a great amount of 

1 Great Seal Register, 1620-33, PP- 37"39> N °- I2 7- 



INTRODUCTION xlix 

local and general information of value to the historian 
of the Borders. During the greater part of the period 
embraced in the books the owners of Branksholm, now 
the Dukes of Buccleuch, were the Lords of Regality, 
as we have previously noticed, under whom there were 
various bailies acting. Walter Chisholm of that Ilk is the 
first bailie depute mentioned. The next is ' Dene Jhonne 
Watsoun.' He was apparently the last of the monks of 
the priory, and at the time of the Reformation entered the 
reformed church. In a volume of Charters in the hands 
of the Society of Antiquaries, there is a Tack by James 
Douglas, Commendator of Melrose, and James vi., the 
patron of the abbacy, in favour of Robert Scott of Thirle- 
stane of the Kirk of Ettrick with the teinds, dated at 
Holyroodhouse, 7th December 1594. One of the witnesses 
is Dene Jhonne Watsoun, who signs himself as ' only con- 
vent,' thus indicating, we take it, that he was the last of the 
monks. Another bailie mentioned in the earlier part of 
the volume is Gideon Jackson of Lochhouses. 

Turning to the subject-matter of the volumes before us, 
we find that they are composed of a great amount of 
material of a very varied character and of the greatest 
value to the historian and genealogist, throwing light upon 
the manners and customs of the people of the Borders, 
the way they lived, the things they said and did, the mode 
in which they managed and worked their lands, what 
they ate and drank, and the price they paid for their 
commodities. 

The Decreets obtained for debt call forth comment only 
on the general poverty which then existed, and the insuffi- 
cient coinage of the country. The Decreets are them- 
selves interesting on account of the quaint expressions 
used, and the information they afford concerning the 
amounts sued for and the character of the goods or 
articles supplied. For example : ' Wm. Boustoune in 

d 



1 MELROSE REGALITY RECORDS 

Galtounsyd is decerned to pay James Thomson 20 merks 
[one shilling and eight pence sterling] as ane part of 
toucherguid with twa merkis money as for 2 firlots meill, 
crop 1595 ' ; or again : ' Ordanes the decision of the 
cummer and debait betuix David Jamiesoune to be endit 
betuix and this day xv dayis or ellis thai salbe condemmit 
in the bluid and tuilze.' 

Generally it might be said litigants went before the bailie 
with an action for the smallest trifles, and proceeded with 
the process in due solemnity. Next we have ' retours ' 
or services of heirs carried through before the bailie, in 
which a jury is empanelled, witnesses cited, and after 
inquiry a judgment pronounced in terms of the findings 
of the jury, declaring the propinquity of the claimant to 
the deceased and his right to the heritable or movable 
estate, as the case may be. 

Proofs were taken as to heritable titles in cases of dis- 
puted ownership. Boundaries and marches were investi- 
gated, proofs led, and the rights of parties determined. 
The vassals of the Regality, apart from the town of 
Melrose, appear to have been thirled to the Milne of Lang- 
shaw, but in many cases, obviously to avoid payment of 
the thirle multures, the feuars seem to have preferred to go 
elsewhere. A good deal of litigation consequently appears 
to have arisen both before the bailie and the Supreme 
Courts to compel these recalcitrants to send their grain to 
be ground at Langshaw and to pay the dues exacted. 

Acts were passed by the bailie regarding Sunday closing : 
fieshers were ordained to close all day, and hostlers during 
the hours of Divine Service. Rules were enacted regarding 
drunkenness, brawling, assaults and miscallings or slanders. 
Fines were imposed regarding trespassing, both by men and 
cattle, and schedules of such fines were fixed. Actions 
for removing tenants and for violent profits were instituted 
and disposed of. Caution was demanded and obtained 



INTRODUCTION li 

in actions of lawburrows and in security for debt and 
other kindred purposes. In criminal matters, assaults, 
batteries, and all cases of effusion of blood were dealt with ; 
fines were imposed, and the goods and effects of the 
defender or culprit poinded and sold. 

The vassals of the Regality had to appear at the Court, 
whether to act as jurymen or otherwise, and were held as 
concurrents to the judgments passed by the bailie. Those 
failing to attend or give good reason for their non-appear- 
ance at the half-yearly courts were fined. 

The Court was a court of record, and Writs were recorded 
in volumes, some of which are still preserved, and are now 
printed. The Writs recorded consist of settlements, 
marriage contracts, bonds for debt or of caution, appren- 
tice indentures, decrees arbitral of arbiters or oversmen, 
' retours ' in services of heirs, acts and rules of Court, and 
generally a record of all the judgments of the Court. 

Many of the quaint expressions found in the records call 
for elucidation, but as glossaries have already been printed 
in several earlier volumes of the Scottish History Society's 
publications, we need only refer our readers to these and 
to the several editions of Jamieson's Scottish Dictionary for 
the explanation of obsolete words and terms. 



The Editor desires to acknowledge the valuable assist- 
ance he has received from Dr. Maitland Thomson, Dr. 
George Neilson, and Mr. James Curie in the preparation 
of this Introduction, and in revising his proofs. 

CHARLES S. ROMANES. 

Edinburgh, 15th October 1914. 



RECORDS OF THE REGALITY COURT OF 
MELROSE 

The baillie court of the regalite of Melrose haldin 
thairat be Walter Chisholm of that Ilk, be ane dis- 
pensatione grantit be our soverane Lords Counsell 
to the last of August instant, the penult of August 
anno 1605. 

The quhilk day anent the actione and cause intentit 
and persewit be James Edzar in Melrose aganes Patrik 
Luikup thair, allegeand in his libell that the said Patrik 
ejecttit him fra ane acre of land liand in the Annaye, 
and hes in the samein persewit for the violent profeits 
thairof of the cropis and yeirs of God j m sax hundreth 
tua, vi° thre and vi c four yeirs ; the defenses, answers 
and eiks beand hard seine and considerit be the juges, 
as alsua pruifeis led to pruife the quantite of the saw- 
ing, and beand adviseit in the premises, decernes the 
deffender to pay to the complaner for evere yeir of the 
thrie yeiris libellit for xiij J firlots beir sawing according 
to the feird corne the beir and the aits to the thrid 
come, half of the ane and half of the uther, conf orme to 
the liquidatione, and ordanes him to be repossessit to 
the possessioune thairof sua sone as the corne is of the 
grand, and to intent actione for the crop therupone 
presentlie, and the said Patrik to find catione to be 
answerabill for the same, defalkand the maisters dewte, 
togidder with expenses debursit in persuit for 

the same, and ordanes the samein to be put to execution 
and mak the complaner to be payit within term of law 
apud acta. 

A 



2 MELROSE REGALITY RECORDS 

The quhilk day anent the actione intentit be Walter 
Thorbrand in Lessuddane, and Jhone x Thorbrand his 
tutor, aganes Thomas Ker there, anent the redemeing of 
ane quarter of ane husband land in Lessuddane be the 
soume of j c pundis, quha beand laufulle warnit be ane 
instrument of premonition and the money consignit and 
instrument thairupone, and the actione dependand, their 
defenses and answers red sene and considerit and beand 
ordaineyt to use eiks this court with certificatione the 
juge sould decerne ; the pairte beand callit upone and 
the defenders nocht compearand conforme to the act, 
the juge decerneit the land laufullie redemeit and ordanes 
the officer to put him in possessione sua son as the corne 
is sherit, with expenses apud acta. 

The baillie court of the regalite of Melros haldin 
thairat be Walter Chisholme of that Ilk, baillie 
deput of the said regalite, etc., the tuentie thre of 
October 1605 ; curia affirmata et sectis vocatis. 

The quhilk day Androw Davidsone in Melros is 
decemit to pay to James Duncane ther the soume of 
xvi L and that becaus the samein is fund as just det ; 
the said James requirit act. 

The quhilk day the juge continewis the interloqoutor 
to be pronunceit betuix Mergareit Cairncroce and Michaell 
Fischear to the nixt court ; Jhon Watsone grantis the 
resait of the proces ; pairtes wairneit apud acta. 

The quhilk day compeirit Thomas Ker in Lessuddane 
and protestit for the just extract of the decreit pro- 
nunceit againest him upon his expenses, quhilk the juge 
grantit, and thairupon he tuik act. 

The quhilk day it is statuit and ordaineit that quhat- 
sumevir persone or personeis flescharis or oistlaris that 
sellis meit drink or fleshe one the Sabothe day within the 
toune of Melros, the oistlaris the tyme of preiching and 
the flescharis the said haill day, that they sail be poindit 

1 The similarity of the scribe's Jhone and Thorn makes it exceedingly difficult 
in some cases to decide which is meant. 



SUNDAY TRADING FORBIDDEN 3 

according to the Act of Parliament, and ordanes the officer 
to put it to executione and ordanes Robert Ker, James 
Edzar, Jhone Hunter, Robert Wallace to accumpanie the 
baillie in poinding and putting all materis to ease [sic]. 

The quhilk day Robert Wallace in Melrose fand 
Androw his brother catioune and souerte that he sould 
nocht trubill Jhone Hall nor na wther persone in Melrose 
in na tyme heirefter, and he becam catione in lik maner 
for the said Robert. 

The quhilk day James Nicholl in Melrose fand Jhone 
Pringle of Bukholme catione and souerte that he seuld 
nocht trubill Robert nor Androw Wallace in word, deid 
nor [countenance] in na tyme heirefter quha confessit the 
same, wnder the pan of j c merkis ; the saids James oblissit 
him to releiff his said catiounear. 

The quhilk day compeirit Patrik Luikup in Melrose in 
jugement and renunceit the possessioun of ane acre of 
land Hand in the Annaye of Melrose acclameit be James 
Edzar, to the effect the said James may enter thairto 
conforme to the decreit obteineit be him thairof, and als 
protestit that na violent occupatioun or occatioune thairof 
may tuiche him heirefter, and thairupone tuik actis. 

The quhilk day compeirit George Donaldsone in 
Melrose and became catioun to the baillie or Androw 
Davidsone thair that he sould in na tyme heirefter mak 
na trubill tuilze nor bryle naither be word nor deid be his 
occatioune to na persone nor personeis duelland within 
Melrose land, wnder the pane of j c merkis money. 

Penult of October 1605 

The quhilk day compeirit David Wrycht in Galtounsyd 
and William Wrycht his sone and James Duncane in 
Melrose and became actit bundin and oblissit everie ane 
of thame for wther conjunctlie and severallie that thai nor 
nane thai may lat sail molest nor injure David Bernard, 
wrycht in Melrose, nather in word, deid nor countenance, 
wnder the pane of j° I., except it be by law. 

The baillie court of the regalite of Melrose haldin 
thairat be Walter Chisholme of that Ilk and Dene 



4 MELROSE REGALITY RECORDS 

Jhone Watsone, baillie deput, laufullie constituit, 
etc., the vi of November 1605, curia affirmata et 
sectis vocatis. 

The quhilk day William Lyall in Blanislie is decerneit 
to pay to William Quhit in Sproustoune for ten bollis 
aittis v I. the boll deduceand iiij I. v s. with tuo pekis aitis, 
and that in respect of the persewars aith, the deffender 
beand arreistit to that effect, quherupone he requireit act. 

The quhilk day Michaell Riddell is absolvit of v. 
bollis beir allegeit sauld be him to George Paton, in respect 
of his aith. 

The quhilk day Jhone Hunter, messingeir, is decerneit 
to pay William Blaike, fleschar, the soume of xxv 1. xvi s. 
viij d. as for certane det auchtand be my Lord of Melrose, 
and that because the said William hes deponeit that the 
said Jhone resaveit ane precept direct fra my Lord to him 
and became dettour of the same ; quherupon he tuik act. 

The quhilk day Elspeth Inglis in Blainslie is absolveit 
of the allegeit cationrie acclameit be William Quhit in 
Sproustoune for William Lyall in Blainslie, in respect of 
hir aith gewein thairupone in jugement. 

The baillie court of the regalite of Melrose haldin 
thairat be Jhone Watsone, baillie deput of the said 
regalite, laufullie constituit, the xx of November 
1605. 

The quhilk day Adame Williamsone in Galtounsyd is 
decernit to pay to Jhone Bell xl s. money as for the rest 
of malt silver, and that in respect of the persewars aith 
apud acta. 

. . . The quhilk day Androw Setoune in Newtoun is 
decernit to pay to Mongow Donaldson in Melrose for 
viij | firlottis quheit of the crop 1603 yeiris conforme to 
the liquidatioun, and that because he hes confessit that he 
was catioun for Jhone Pringle in Faneis ; quherupone 
the said Mongow requireit act. 

The quhilk day William Boustoune in Galtounsyd is 
decerneit to pay to James Thomsone thair the sowme of 



WALTER THORBURN'S RETOUR 5 

xx merkis as ane pairt of toucherguid with ten merkis 
money as for ij firlotis meill of the crop 1595, in respect of 
the persewars aith deponeit [in] jugement in the defenders 
absens. 

The bailie court of the regalite of Melrose haldin 
thairat be Jhon Watsone, bailie deput thairto be 
ane dispensatioune grantit be our souerane Lordis 
Counsell, etc., the secund of Aprile 1606. 

The quhilk day compeirit Jhone Hunter, messingeir, 
be ane procuratorie maid to him be Williame Cairncroce 
of Colmislie to persew David Bell in Alanshawis conforme 
to ane libell or clame produceit be him at the instance of 
the said William againes the said David, as the clame and 
procuratorie beiris, and for instruction of the libell the said 
Jhon produceit ane decreit of removeing past at the 
instance of the said Williame ageneis the said David beffoir 
the Lordis of our souerane Lordis Counsell and Sessione for 
removing of the said David fra the land of Alaneschawis, 
as the same of the dait the xiiij of Merche 1606 yeiris at 
lenth specefeis, and desyreit a proces in the said actioune ; 
to the quhilk the juge ansuerit and ordaineit the copy of 
the clame to be deliverit to the deffender and to be arreistit 
againes the nixt court, with certificatioun. 

The baillie court of the regalite of Melrose haldin 
thairat be Walter Chisholme of that Ilk, bailie deput 
of the said regalite, laufullie constituit, etc., the 
ix of Aprile 1606. 

The quhilk day compeirit Jhon Hunter procurator 
in nam and behalf of Walter Thorbrand, nefo and aire 
to umquhile James Thorbrand in Lessuddan, his grand- 
schir [sic], quha produceit ane breif raisit at the instance 
of the said Walter to serve him as aire to his said guidschir, 
deulie execut and indorsat, and for instructioun thairof 
produceit ane few charter maid to the said umquhile 
James of ane husband land and ane quarter of ane hus- 
band land, maid and subscriveit be umquhile James, 



6 MELROSE REGALITY RECORDS 

Commendatar of Melrose, of the dait the xxij of Feb- 
ruar 1556, togidder with ane instrument of seasing past 
thairupon of the dait the xxiiij of Februar 1556, and 
desirit an inqueist to the effect the said Walter myeht 
be serveit according to his clame ; quhich the juge ad- 
mittit. 

The inqueist : — Jhone Kyle in Lessuddane, James 
Jamesone thair, James Couchran thair, James Unes thair, 
James Lethen thair, Jhone Jamesone thair, Thorn [?] Kyle 
thair, Jhon Anderson, elder, in Neutoun, Androw Hetoun 
thair, Nicoll Couchran thair, Mongow Myln thair, Mungow 
Anderson thair, Richert Sclaitter in Eldone ; Jhone 
Kyle chancellar. 

The quhilk day the haile inqueist decerneit affirmative 
the said Walter Thorbrand aire to his said umquhile 
grandschir James Thorbrand in respect of the writtis 
produceit, and that na persone came to object in the 
contraire, and that gif any error be thaim committit it is 
na wilfull error bot ignorance, and thairupoun tuik act 
the said chancellar in name of the rest. 

The quhilk day anent the violent profeits acclameit be 
Williame Cairncroce of Colmeslie aganest David Bell in 
Alanschawis this day beand assignit to him to answer 
to the clame, he compeirit in jugement, and first renunceit 
the possessioune of the landis of Alanschawis and also he 
becam in the complinars will of the violent profeits 
acclameit ; quhairupoun Jhon Hunter, procurator foir- 
said, requirit act. 

The quhilk day William Bowar in Eildone is decerneit 
to pay to Barbara Duncane xiiij 1. money in respect of his 
confessione. 

The quhilk day Gawen Eleis in Westhoussis is decerneit 
to pay to Jhone Dunlop in Lindein the soume of x 1. x s. as 
for the price of thre firlotis iij pekis meill coift and ressavit 
be him fra the said Thomas, and that in respect of the 
deffenders confessione. 

The quhilk day James Duncane in Melrose is decerneit 
to pay to Hew Maben, younger, viij 1. in respect of his 
confessione. 



WILLIAM MEIN'S RETOUR 7 

The bailie court of the regalite of Melrose haldin 
thairat be Dene Jhone Watsone, bailie deput of the 
said regalite, the xvj of Aprile 1606. 

The quhilk day Jhone Pringle in Langschaw is decerneit 
to pay to Hendre Depo for sevin firlotis aitis of the crop 
1605 and that for corne eitin be his guidis, price of the 
boll , and that in respect of the persewars aith. 

Compeirit Thome Trotter and Sande Andersone anent 
the clame acclameit be Jhon Waichtman and James Moss 
agane thame for Jhon Cairncroce, and because this day 
is assigneit thai compeirit nocht, the saids parte protestit 
for expenses. 

The quhilk day beand assignit to James Hall to pruif 
the mairche stane liftit wrangouslie be Edward Derling 
fra betuix the roum perteriing to him and Jhone Hall his 
brother sone, quhilk sufficientle he hes done, and ordanis 
the same to put in agane, and the cairn of stanes to be 
removeit, under the pane of x ii. within xlviij hours. 

The baillie court of the regalitie of Melrose haldin 
thairat be Dene Jhone Watsone, bailie deput of 
the said regalite, laufullie constitut, the xxiij of 
Aprile 1606. 

The quhilk day compeirit Jhone Hunter, procurator 
in name and behalf of William Mein, oeye and aire of 
umquhile David Mein in Newsteid, and produceit ane 
breif raisit at the instance of the said Williame dewlie 
execuit and indorseit to be serweit as aire to his said 
guidschir to all landis quherintill he deit vest and seasit 
lawfull tym being bidin and laufullie proclameit in juge- 
ment, na pairte compeirit to object, dessyrit ane inqueist 
to be choisein to serve him in maner foirsaid, and for 
instruction produceit ane boundand charter of the lands 
of Newsteid quherintill the said David his name is speciall 
expressit, conteinand sax acres toun land and sax acres of 
coit yard land, and desyrit proces, quhilk the juge grantit, 
quherupon the said William requyreit instrumentis, and 
electit ane inqueist, to wit, Jhone Notman in Moshouses, 



8 MELROSE REGALITY RECORDS 

Jhon Hetoun in Dernik, Nicholl Merser there, Richard 
[Robert] (?) Wallace in Melrose, James Mitchell there, 
Walter Eleis in Dainzeltone, Andrew Mein in Wowpla, 
William Fischear, Sande Trotter [?], Thorn Broun there, 
Ritchart Sclatter in Eildoun, Jhone Vaire there, Nicholl 
Bowar there ; Walter Eleis, chancellar. 

The haile inqueist serveis the said William Mein as 
aire to his said guidschir his lands foirsaids affirmative 
and that in respect of the charter produceit, and the 
chancellar foirsaid protestit that gif any error be committit 
that the samein is done be ignorance and nocht in wilfulnes. 

The quhilk day James Thomsone in Galtounsyd is 
decerneit to pay to Wille Blaike for j firlot beir crop 
1604 and twa bolls beir baire met of the crop 1605 [?], 
price of the boll , with expenses, in 

respect of the persewars aith, and therupone tuik act. 

The quhilk day the actions of dett acclameit be Thome 
Ker againest Thom Merser in Brigend is submittit to the 
decisioun of Walter Eleis for Watte Eles [sic], and of 
Jhone Notman for Thome Merser, and in caice of variance 
ane oursman, and sail decerne within xv dayes. 

The baillie court of the regalitie of the [sic] Melrose 
haldin thairat be Walter Chisholme of that Ilk, 
bailie deput of the said regalitie, lawfullie constituit, 
the last of Aprile 1606. 

The quhilk day Thom Hay [?] is decerneit to pay to 
Jhon Bowar xl s. in respect of his aith. 

The quhilk day Jhon Notman becam catioun for 
Wille Mude, elder, younger, Jhon and James Mudeis, 
that thai salbe ansuerabill to satisfe the kirk for payment 
of the bluids and satisfeing of the parte efter tryall, and 
that na injurie salbe comittit to this day xv days under 
the pane of v° merks. The said William Mudie oblisses 
him to releife his cationer foirsaid in all pointis, anent 
the cumer fallin out betuix tham and Walter Eleis in 
Dainzeltoune. 

The said day the said Walter Eleis fand Michaell 



ASSURANCE ELLIS V. MUDIE 9 

Fischear in Dernik cationer for him, his bairns, kin, freinds, 
allia, that assuirance sail stand betuix thame and the 
Mudeis to this day xv dayis and for satisfeing of the 
kirk the bluid to the baillie and the parte, under the pan 
of v c merks. The said Walter oblissis him to releif his 
catiounear foirsaid. 

The quhilk day Jhone Andersone in Newtone, elder, 
is decerneit to pay to Jhon Simsone ther as catiounear for 
Jhon Haiste in Eildone the sowme of x I. xvj s. viij d. 
money, and that in respect of his confessione. 

The bailie court of the regalite of Melrose haldin 
thairat be Dene Jhone Watsone, bailie deput, the 
vij of May 1606. 

The quhilk day compeirit William Ker, vekar of 
Lindene, and produceit his tua daismen and saw nane to 
say or reason aganis him in the actioun betuix him and 
Jhone Honeman, and therupon tuik act. 

The quhilk day Robert Kyle in Lessuddane is decerneit 
to pay Mungow Kile ther the sowme of xx [sic] principall 
and xxxiij s. iiij d. annual-rent, in respect of his confessione 
of the ressait of the said soume, the said Mongow requirit 
act. 

The quhilk day anent the actioune and cause persewit 
be Mungow Anderson in Newtone aganest William [sic] 
ther, this day beand assignit to the said William to gif 
in eiks to his deffences, the mater beand callit, comperit 
the said Mungow and past fra the persuit of the actioun for 
tym and place, and baith the parteis desyrit ther peices 
to be refoundit to thame. 

The bailie court of the regalite of Melrose haldin therat 
be Jhone Watsone the xiiij of May 1606. 

The quhilk day the assuirance is continewit betuix 
Watte Eles and the Mudeis to this day xv dayis, and the 
catiounears standand in the sam forme as it was affoir, 
and thai oblist tham to releife ther cationears penalte and 
all efter the first conditione. 



10 MELROSE REGALITY RECORDS 

The quhilk day James Unes in Lessuddane is decerneit 
to pay to James Bowar in Eildone the soume of x 1. as 
cationar for Meg Young in Selkirk, in respect of the 
persewars aith. 

The baillie court of the regalitie of Melrose haldin 
thairat be Jhon Watsone the xxviij of May 1606. 

The quhilk day beand appointit to Walter Purves to 
pruife the det of xij 1. with ij firlotis meill and ane gray 
clok, price , he beand oft sumond and 

compeirit nocht, and the persewar present, the samein 
was referrit to the persewaris aith, and quher deponeit be 
his ayth the det awand of xj 1. to his sone [sic] Meg 
Purves with tua firlotis meill, and intromissioun with a 
clok, the juge decerneit the same, price of the meill iiij 1. 
vj s. viij d. price of the clok , togidder with 

expenses in persuit of the samein deburseit the said 
[sic] Michaell Riddell requireit act. 

The quhilk [day] James Jamesone in Lessuddane is 
decerneit to pay to Hew Riddell there v 1. x s. as for the 
price of ane meir coft be him, and that in respect of his 
aith gevein thairupon. 

The quhilk day Ritchert Sclaitter in Eildone is de- 
cerneit to remit the excambione maid betuix him and 
Meg Lethen of ane peice yaird pertening to Meg Vair, 
spous to Robert Middilmest, younger, in Eildone, for ane 
but of land possessit [be] the said Robert, and ordanis the 
officer to put thame baith in possessione of the samein. 

The quhilk day Androw Clerk in Galtounsyd is decerneit 
to pay to Adame Rowle [?], fleschar, ix I. viij s., viiij 1. 
thairof as det to him to selff [sic] and tua marks as cationer 
for Wille Halewel, and that in respect of the persewars aith. 

The bailie court of the regalite of Melrose haldin 
thairat be Dene Jhone Watsone, bailie deput, the 
xxv of Junij 1606. 

The quhilk day anent the actioun and cause conteinit 
in the libellit summonds raiseit at the instance of William 



REMOVING DONALDSON AND DIKESONE 11 

Donaldsone in Carterhauch aganest Besse Dikesone in 
Dernik, makand mention that he causeit wairne hir fra 
the tenement, yaird, and ane shilling land, teind scheves 
incluseit, and thair pertinents, liand in Dernik, at Pasche 
last, and will nocht desist thairfra without sche be com- 
pellit, quha produceit the wairning dewle execuit and 
indorseit, with ane contract and seasing beirand in effect 
that in caice the dewtie thairintill was not dewtefulle 
payit conforme to the contract that the said William 
sould have the possessioun of the samein quhill the 
redemptioun, in respect quhairof and of na objectioune in 
the contraire the juge ordaneit the said William to have 
the possessioun of the samein redemeabill conforme to 
the said contract and Sasine [?], with the victuall adettit, 
and ordanis the officer to put the samein to execution 
within terme of law. 

The quhilk day anent the actioun of remowing intentit 
be Jhon Andersone aganes Mongow [Donaldson] for ane 
half landis roume and yaird, quhilk beand sawin, the said 
Jhon requirit cautioun for the violent profeits, quha 
fand Ritchert Sclaitter in Eildone, and oblissis him to 
releife the cationear. 

The quhilk' day anent the acquittance acclameit be 
Robert Ker aganest Thorn Mar for j c merks with thre 
oxin for ane parte of payment of ane uther hundreth 
merks, and desyrit his aith de calumnia gif he had just 
cause to deffend the same, quha deponeit that he had just 
cause to do the same. William Cranstoun requirit 
instruments. 

The nixt court is assignit to the said Thomas to gif 
in his deffences. 

The quhilk day the actioun of removeing betuix Jhon 
Hunter and Alexander Rogear is continewit to the Laird 
of Chisholm his presens, and ordanes the said Alexander 
to absteine fra persewing the said Jhon befoir any juge 
quhatsumever, under the pain of xx I. 

The quhilk day Wille Carter [?] in Colmslie is decerneit 
to pay to James Tumour in Langschaw xix merks for 
furnishing meit and drink, in respect of his confessioun. 



12 MELROSE REGALITY RECORDS 

The baillie court of the regalitie of Melrose haldin 
thairat be Walter Chisholme of that Ilk and Dene 
Jhone Watsone, bailie deput of the said regalitie, 
lawfulle constituit, the second of July 1606. 

The quhilk day Mungow Andersone gaif in deffences 
anent the actioun of remowing intentit be Jhon Andersone 
thair aganest him, and the juge ordanis answeris to be 
gewin in this day aucht dayis assignit. 

The juge continowis interloquitor in the actioun 
persewit be Margareit Cairncroce againes Michaell Fischear 
to this day xv dayis, and ordanis the deffender to [be] 
wairneit to corapeir to heir the sanies. 

The quhilk day Wille Haliwell in Galtounsyd is 
decemeit to pay to Thom Hiltsone [?] in Colmisle the 
pryces of thre bollis beir yerle as for the ferme of twa 
acres of land, sen the crop 1599 to the crop 1606, in 
respect of the seasing and contract produceit, with ex- 
penses, quherupon the said Thomas requirit act. 

Compeirit Wille Bustoun in Galtounsyd and protestit 
that the decreit gevein at the instance of Thom Hiltsone [?] 
agaynst Wille Halewell be nocht prejudiciall nor hurt- 
full to Wille Boustoun in Galtounsyd him [? self] for 
gewein in of any defence in that mater or any promes 
maid be him for releif of the said William Halewell. 

The quhilk day David Mein is decerneit to pay to 
Ritchert Wilsone in Newsteid half ane boll beir or the 
price, to wit , in respect of the persewars 

aith. 

The quhilk day Jhone Rogear in Redpeth haveand 
intentit actione to persew Jhon Cairncroce thair for cutting 
of his wood, quha fand Sande Anderson thair catioun and 
seurte to persew him criminalle under the pane of v c [sic]. 
The said Jhone fand Jhon Bell cationer that he salbe 
answerabill this day xv dayis assignit. 

This day beand assignit to Thomas Mar in Newsteid 
to [give] his aith simpliciter upon the pointis of the clame 
persewit be Robert Ker aganeist him, it is answerit be the 
said Thomas that he aucht to be assolzeit simpliciter fra 



WILLIAM ROBESON'S RETOUR 13 

the pointis of the clame in respect of the act of Parliament 
maid be King James the Saxt in the xiiij Parliament 
that quhatsumever pairte persewar or deffender invaidis, 
molestis, or trubillis ane uther, tryall beand taikin and 
verefeit the pairte invaidar to tyn his cause, and trew it is 
that the said Robert Ker hes oft and diverse tymes callit 
the said Thomas Mar ane comone theif preceiding the dait 
heirof, sayand and declairand he sould have his lif, and 
that he had feit ane for ane croun to taik his lif, lik as 
he hes now presentlie in jugement declairit and callit the 
said Thomas baith tratour and theif, quhilk former 
allegeance we offer to pruife the samein instanter, quhilk 
aucht to be admittit conforme to the said act of Parlia- 
ment, and gif your Lordships refuise the same protests for 
remeid of law, and for verefeing thairof hes produceit ane 
act of Parliament, and forther repeitit the former words 
in calling the said Thomas ane tratour, and thairupon tuik 
act. The juge answeris and appointis this day xv days 
to examyn the preifes, quhilkis ar Jhon Notman in 
Moshouses, George Romanus in Blainslie, James Jame- 
sone in Lessuddane, Walter Eleis in Dainzeltone, Raulf 
Haliburtone, and for ferther verefecatione of the former 
allegeance repeitis the said Robert Kers depositione in 
modum probationis, and protestit far ferther diligence and 
renunceit all forther probatioun. 

Compeirit the said Robert Ker and sayis the allegeance 
aucht to be repellit in respect he had put na hands in the 
persewar. 

And likwayis the said [sic] William Bowe compeirand 
as procurator for the said Thomas Mar, deffender, and 
sayis the said Thomas aucht to be absolveit fra the clame 
in respect he hes invadit the said Williame be injurious 
words in jugement, quhairupon he requireit act of court 
and protestit for extract of the proces. 

The quhilk day compeirit Androw Wallace, barrone 
officer of the regalite of Melrose, with his witnesses, quha 
verefeit the dew and laufull proclamatioune and indorsa- 
tioune of ane breife raiseit at the instance of William 
Robesone in Langschaw desyring to be serveit as aire 



14 MELROSE REGALITY RECORDS 

to umquhile Thomas Robesone, his father brother, in 
generall, and thairefter compeirit Jhon Wilke, procurator 
specialle constituit for the said Williame, and he beand 
personalle present affirming the same and for instructione 
produceit his clame and desyrit service conforme to the 
tennour thairof, and thairupon tuik instruments upon the 
proclamatione, verefecatioun and indorsatione thairof. 

Compeirit Jhon Simsone, procurator for William 
Quhit, and tuik instruments upon the productione of the 
clame because it is generall and protestit that na farther 
nor speciall clame be hard. 

Compeirit Jhon Wilke, procurator, and tuik instru- 
ments upon the productione of the clame, and sweiring 
of the inqueist, and protestis in caice the inqueist serve 
nocht affirmative conforme to the said clame for wilfull 
error. 

The assise havand resoneit upon the service foirsaid, 
all in ane voice, to wit, Jhon Hetone in Dernik, Jhon 
Thomsone in Galtounsyd, George Holm there, Robert 
Wallace in Melrose, Walter Eleis in Dainzeltoune, Thorn 
Mar in Newsteid, William Fischear there, Berne Mein 
there, Androw Sclaiter there, Ritchert Sclaiter in Eil- 
doune, Jhon Vaire there, Jhon Rogear in Redpath, 
Sande Andersone there, Thomas Trotter there, and Sande 
Trotter in Newsteid, in respect that na persone compeiris 
to object in the contraire thai deccerne the said William 
Robesone to be nixt and laufull aire to the said umquhile 
Thomas in generall conforme to his clame, that he deyt, 
vest, and seaseit into at the faith and peace of our soverane 
lord the King, and protestit gif any nerrer aire be to the 
said umquhile Thomas that thai ar ignorant thairof and 
dois nocht the samein fraudfullie nor wilfulle bot sua far 
as thai understand, and thairupon Thomas Mar in New- 
steid chancellar to the assise, requireit act, as alsua the 
said Jhon Wilkie, procurator foirsaid, upon the service 
requireit instruments. 

Compeirit the said Jhon Simsone in name of William 
Quhitt, sone and aire of umquhile William Quhit in 
Colstounmylne, and protestit that this generall service 



BURNING OF THE CRAIGHOUSE 15 

of William Robesoun prejuge nocht the said William 
Quhit of quhatsumever rycht or tytill maid be umquhile 
William Robesoun, brother german to the said umquhile 
Thomas Robesone, of quhatsumever lands or heretages 
disponeit to the said umquhile William Quhit be the 
saids umquhile Thomas and William Robesouns. 

The bailie court of the regalite of Melrose haldin 
thairat be Dene Jhone Watsone, the ix of July 
1606. 

The quhilk day Sande Merser in Newsteid is decerneit 
to pay to Jhone Andersone in Redpeth the soume of xv I. 
with ane firlot beir of the crop 1602 conforme [to] the 
liquidatioun, in respect of his aith, quherupon the said 
Jhon requirit act. 

The quhilk day Nicholl Bower in Eildone is decerneit 
to pay to James his brother the soume of iiij 1. viij s. as 
for certane malt coft and resavit by him, in respect of the 
persewars aith. 

The baillie court of the regalite of Melrose haldin 
thairat be Walter Chisholme of that Ilk, the xvj 
of July 1606. 

The quhilk day Hob Hownam in Brigend is decerneit 
to remove fra the hous and yaird liand in Brigend to the 
effect that William Rankein in Birgein, just auner therof, 
may enter thairto as his proper heretage to be broukit, 
and that in respect of the nocht compeiring of the defender, 
and ordanis the officer to see this put to dew executione. 

The actioune betuix Jhon Andersone and Mungow 
Andersone in Newtone is continewit to this day aucht 
dayis and ordanis eiks to be givein in to his deffences. 

Compeirit Jhon Hunter, proloquutor constituit be 
the nychtbours of Redpeth in the actioun persewit be 
Jhone Cairncroce againest thame anent the burning of the 
hous callit Craig hous, and sayis na proces aucht to be 
grantit at the persewars instance quhill he produce ane 



16 MELROSE REGALITY RECORDS 

confermeit testament of umquhile Besse Lythgow his 
spous quhais executors hes intres in the said cause, and 
ay and quhill the samein be produceit sayis the persewar 
hes [na] ground to persew, and thairupon desiris inter- 
loquutor. 

The juge be interloquutor ordanes the said Jhone pro- 
duce ane confermeit testament beffoir he be ferther hard. 

The quhilk day it is submitit betuix Walter Eleis for 
his bairns and freinds and allya on the ane parte, and 
Williame Mude in Darnik for his bairns, freinds and allya 
on the uther parte, that thai sail underly the sentence and 
decreit of Raulf Haliburtoune and James Nicholl as 
jugeis for the said Walter Eleis and of James Edgar and 
Jhon Notman as jugeis for the said William Mude, and in 
caice of variance, of Mr. Jhon Knox, oversman, anent the 
bluid committit on ather syd. The saids jugis hes acceptit 
the same and sail decerne betuix and the tent of August, 
and the oursman within aucht days thairefter. The saids 
partais requirit act. 

The quhilk day Jhone Cairncroce is decerneit conforme 
to the act of cationrie maid be him, in respect it is sufficient- 
lie provein that he hes miscallit James Linlithgow and 
Thome Trotter as mansworn carles. 

The bailie court of the regalite of Melrose haldin 
thairat be Dene Jhone Watsone the xxiij of July 
1606, curia affirmata el sectis vocatis. 

The quhilk day Alexander Rogear in Melrose is de- 
cerneit to pay to Mr. Alexander Seatone, chalmerlane to 
my lord of Roxburgh, the soume of xiiij 1. as for the price 
of ane meirt [? meire], in respect of his noncompeirance. 

The quhilk day Alexander Rogear is decerneit to 
remove fra the auchten parte of the quarter of the land 
in the Wairds and parte of the tenement wodset to him 
be umquhill Jhon Middilmest in Melrose under reversioune 
upon the soume of lxxxviij 1., and that because the said 
William hes produceit ane infeftment gevein to him 
thairof be William Fischear in Newsteid, quhilk was 



REMOVING FISHER V. ROGER 17 

disponeit to the said William Fischear be Thom Middilmest, 
son and aire to umquhile the said Jhon Middilmest, 
togidder with ane precept of wairning, ane libellit sumonds, 
and ane instrument of premonitione and ane instrument of 
consignatione of the said soume, and that the said Alex- 
ander beand sumound to heir sentence pronunceit or ells 
to schaw ane cause quhy the samein sould nocht be done, 
quha beand oft callit on and nocht compeirand, the juge 
ordanes the officer to put this present to dew execution, 
apud acta. 

The quhilk day Thomas Vaire in Newtone is decerneit 
to pay to Nicholl Couchrane thair the soume of Ixij 1. 
xj s. viij d. by run annuells preceiding the xxv of Junii 
1605 yeirs, with uther fourte punds money as for ane yeirs 
annuell sensyne, and that in respect of his confessioun. 

The quhilk day compeirit Mungow Andersone in 
Newtone sayand this day beand assignit to him to eik to 
his former defences gevein in against the libell of removing 
persewit be Jhon Andersone agains him and sayis he aucht 
not to be requireit to eik to his saids defences, quhill first 
the saids defenses be defenseit, repellit or admittit, and 
thairupon desiris interloquutor. The juge answeris and 
continewis to this day aucht dayis to pronunce. 

Compeirit Jhone Lethen in Eildoun and haveand 
caused read the libell intentit be Richert Slaitter thair 
agains him, because it is mentionat thairintill that the 
said Ritchert hes possessit his half land aucht yeirs, and 
thairupon tuik act. 

.The quhilk day Alexander Rogear is decerneit to pay 
to Jhon Peneman and Jennet Spens for ane boll of bear 
coft be hir fra him, or the price, to wit, , and 

that in respect of the persewars aith.' 

The baillie court of the regalite of Melrose haldin 
thairat be Walter Chisholm of that Ilk, bailie deput, 
the penult of July 1606. 

The quhilk day Thom Halewell protestit that the actioun 
of ejectioun intentit be Mungow Andersone aganis him 



18 MELROSE REGALITY RECORDS 

sould na wayis tuitche him heirafter, in respect this day 
wer to pronunce, and the mater away taikin in arbitra- 
ment betuix Mungow and Andrew Lethen. 

The bailie court of the regalite of Melrose haldin 
thairat be Dene Jhon Watsone the saxt of August 
1606. 

The quhilk day anent the terme assignit wpud acta 
to Androw Davidson in Melrose to gif in his deffences in 
the actioun of remoweing persweit be William Fischear in 
Newsteid againest him, and for observing thairof gaif in 
his defence in the said mater togidder with the haile 
peices produceit, and farther protestit to eik beffoir inter- 
loquutor be pronuncit, quhill the juge admittit, quher- 
upon the said Androw tuik act of court. 

The juge assignis this day aucht dayis to the persewar 
to answer to the deffences. 

Compeirit Sande Andersone in Redpeth and sayis he 
aucht to be absolveit fra pairt of the clame be Mariane 
Cairncroce against him, in respect it is of verite that 
Jhon Cairncroce hir brother germane hes be contract of 
alienation, charter and seasing past thairupon hes sauld 
and disponeit to the said Alexander all and haile ane 
husband land, tenement, toft, croft, and thair pertinents, 
quhairof the said hous is ane parte and pertinent thairof, 
and hes bene in possessione of the same sen the dait of the 
dispositioun, of the dait at Melrose, the 20 of December 
1597 ; and farther aucht to [be] absolveit in respect ©f 
[Act of] Parliament bearand all actiouns past thre yers 
can nocht be countit as ejectioune ; and as to the remanent 
pairts of the clame remits to hir probatioune this day 
aucht days assignit. 

[On a leaf attached :] Compleinis I, William Wrycht in 
Galtounsyd, upone James Wrycht there that quhair he 
maid compactioune and conditione with me at Witsounday 
in anno 1605 that I sould work his work to him quhill 
Mertimes thairefter. and promeissit to me sufficient 
satisfactioune for my sustentatioune and fe, to wit, 



SERVANTS' CLAIM FOR WAGES 19 

daylie duiring the said space xxx d. the day and for my 
fe iij 1., and albeit I remaineit and wrocht his work duiring 
the said space yit he refuises to mak ane payment without 
he be compellit. [On the back :] The quhilk day anent 
the actioune and cause intentit and persewit be Williame 
Wrycht in Galtonsyde aganis James Wrycht thair specie- 
fieand in his lybell that the said James had maid com- 
pactioune and conditioun with him at Witsonday 1605 
that he sould remaine as servant to him quhill Mertimes 
therefter and promissit to him satisfactioune for sus- 
teining of him [in] meit and drink daylie dureing the said 
spaice, xxx d. and for his halfe yeiris fie iij libs., as the 
persewar alledgit ; the defender foirsaid compeirand in 
judgment denyit the contentis of the clame, and the 
persewar referring the haill to his aithe quha deponit that 
he maid na conditioune with the said persewar nather to 
pay sustentatioune nor fie, in respect quhairof the judge 
absolveis the defender fra the said clame in all pointis, 
quherupon the said James requirit act of Court. 
[Endorsed :] Sexto Augusti 1606, absolveis in respect 
of the defenders aith. (Signed) J. Scott. 

The baillie court of the regalite of Melrose haldin 
thairat be Walter Chisholme of that Ilk, baillie 
deput of the said regalite, the xiij of August 1606. 

The quhilk day Robert Riddell in Fadounsyd fand 
Jhone Hetone in Darnik catioune that he salbe answer- 
abill and the haile tennents in Fadounsyd as law will to 
all persons haveand intres duelland in Melrosland, quha 
oblisit him to releif his said catiounear, and therupon 
tuik act. 

Inquisitio : — Michaell Fischear ; Jhon Hetoune ; James 
Linlythgow; Sande Andersone ; Nicholl Merser ; Thome [?] 
Trotter ; James Stoddert ; Andrew Hetoune ; Quhinten 
Thomsone ; Berne Mein ; William Moffet ; Sande Trotter ; 
Nicholl Bowar ; Robert Hall ; Androw Sclaitter. 

The quhilk day it is submittit betuix James Nicholl 
in Melrose on the ane parte and Jhone Donaldsone thair 



20 MELROSE REGALITY RECORDS 

on the uther parte, that thai sail fulfill the sentence of 
Mr. Jhone Knoxe, minister at Melrose, and Michaell 
Fischear, as juges for the parte of James Nicholl, and of 
Berne Mein in Newsteid and James Edgar, for the said 
Jhone Donaldsone, and of as od 

and oversman, anent the bluid and wrong committit be 
the said Jhon upon the said James and all uthers actiouns 
quhatsumever questionabill, and sail decerne betuix and 
Michaelmas, and the oversman within fyftein dayis thair- 
efter, and however thai decerne thai obliss thaim to ful- 
fill thair sentence quhatsumever. The saids parteis 
requireit act. 

The quhilk day Sande Andersone in Redpeth is absol- 
ved of the clame acclameit be Mariane Cairncroce aganest 
him, first anent the ejection because it is past thre yeirs, 
conform to the act of Parliament, and secundlie anent hir 
kistis, insycht and timmer [?] libellit, because scho tuik 
in hand to pruif his intramissioun and failzeit thairintill, 
quhilkis pruifes deponeit the contraire, the said Alexander 
requireit act. 

The baillie court of the regalite of Melrose haldin 
thairat be Dene Jhon Watsone, bailie deput, the 
xx of August 1606. 

The quhilk day beand assignit to William Ker to gif 
in his defences in the actione persewit be Jhon Walker 
aganis him and sayis na proces aucht to be grantit in 
respect of the ferit tym, quhilk the juge admittit quhilk 
tym laufull. 

The quhilk day anent the terme assignit to Androw 
Davidsone to gif in his eiks in the actione of removeing 
persewit be William Fischear aganis him and sayis as 
beffoir conforme to his former defence sayis na proces in 
respect of the feriet and close tym fra the intenting of the 
said actione to this sam day, and gif your Lordships grant 
any proces protestis for remeid of law and nullite of proces, 
and thairupon tuik act of court. 

The quhilk day the actioune intentit be Androw 



ABSENT VASSALS 21 

Davidsone in Melrose is continewit in respect of the feriet 
tym quhill laufull tym in eodem statu. 

Nono Septembris 1606, the quhilk day Mungow Donald- 
son in Melrose became catione with Watte Elies conjunctle 
and severalle to enter Wille Blaik to the bailie in the 
kirk of Melrose the first court that haldis or is haldin be 
the baillies, under the pan of j m merks money in case of 
failze. 



The baillie court of the regalite of Melrose haldin 
thairat be Walter Chisholme of that Ilk, baillie 
deput of the said regalite, the xv of October 1606. 

Lessuddane absentes : — James Stoddert, Thomas Unes, 
Michaell Gibsone, Jhone Jamesone, James Couchrane, 
Jhon Riddell, Thorn Haiste, Mungow Purveis [deleted], 
Jhon Brydin, Robert [? Richert] Cunra, Robert Hunter, 
James Lethen, James Unes Eister, David Jamesone, 
Thorn Hunter, Androw Stoddert, Jhon Patone, Jhon 
Coit, Jhon Jamesone Ester, Androw Richert, Jhon Mein, 
Johne Kyle Ester ; Jhon Hunter, officer, absent. 

Newtoun : — William Ker, Thom Vaire, Mathow Mylne, 
Thomas Couchrane [all deleted], Thom Riddell. 

Eildone : — Nicholl Bowar, James Bowar, Thom Mein, 
Jhon Haiste, Robert M . . ., Richert Coit. [All deleted.] 

Newsteid : — Jhone Mar, Berne Mein, Jhone Bunze, 
William Fischear, Jhone Bunze, Sande Trotter, James 
Brone, Sande Merser [?], George Wilsone, Thom Broune, 
Androw Vaire, James Merser, Jhone Wilsone, Androw 
Mein, mason, Jhon Mein, webster, Richert Mein, Jhone 
Merser. [All deleted.] 

Meliiose and Dainzeltoune : — Walter Eles, Williame 
Ker, James Howbrone [?], Thom Alesone, Alexander 
Rogear, William Wallace, Robert Nicholl, Androw Kuik, 
William Watsone, Jhon Bowar. [All deleted, except 
William Ker.] 

Galtounsyd : — Wille Bowstoun, Quhintein Thom- 
sone, George Holme, Jhone Broun, Jhon Boustoun, Thom 



22 MELROSE REGALITY RECORDS 

Boustoun, Jon Scheil [?], James Boustoun, Jhon Cairne- 
croce, Sande Barre [?], Androw Mar, James Thomsone, 
Robert Halewell, Quaintein Scot, Androw Clerk. [All 
deleted.] 

Westhouses : — Robert Prunstoun, Mark Mertone, 
Gawen Cesfuird, Gawen Mertoune. 

Dernik : — Jhon Neilsone, Wille Chisholme, Quhin- 
tein Boustoune. [All deleted.] 

Brigend : — Androw Howme, elder, Jhon Wschear, 
Thomas Merser, George Kate. [All deleted.] 

Apiltreleves : — Philp Darling, Androw Darling, Jhon 
Pringle of Bukholme. 

Threipwoid : — Jhone Spottiswoid in Quhytle, James 
Hunter in Halkburne. 

Blainslie : — George Pringle of Blindle, William Hunter, 

James Hunter, Thom Fogow [deleted], Thorn Lyall [deleted]. 

Moshouses : — Jhone Carter Wester, Robert Mitchell, 

Jhon Broune, William Notman, Hendre Depo, Gawen 

Woid. 

John Home of Coldenknowis, Androw Home [deleted], 
George Pringle of Pharnielea, Jhon Rogear, Jhon Cairn- 
croce there, Thome Lythgow. 

Ane arreistment gevein up be James Gaustoune, brokin 

be Thom Ker for away taiking of tua bollis [?] of quheit. 

Ane arreistment brokin be Jhon Howme gevein up 

be Michaell Fischear for taik [sic] away taiking of certane 

fuile. 

Inquisitio : — William Cairncroce of Colmeslie, Mr. 
Alexander Seatoun, Jhon Haliburtoun of Murehouslaw, 
Michaell Fischear in Darnik, Thomas Mar, Jhon Hetoun 
in Darnik, Jhon Wrycht, George Douglas of Freirschaw, 
Sande Andersone, Thome Trotter, Jhon Andersone in 
Newtone, Mungow Andersone, Walter Eleis, Wille Moffet, 
George Holme, Quhintein Thomsone, Androw Boustoune. 

The quhilk day compeirit Margareit Cairncroce, relict 
of umquhile Stephin Huitsone [?] in Voupla, and passit 
fra the actioune persewit be him aganest Michaell Fischear 
pro loco et tempore beffoir interloquutor and protestit 
presentlie for deliverance of the peices. 



PRICE OF ALE AND BREAD 23 

The quhilk day the said Michaell protestit for extract 
of the haill proces. 

The quhilk day the said Margareit grantit the ressait 
of the haile peiceis produceit in the said cause, quhairupon 
the bailie requireth act. 

The quhilk day beand assignit to Jhone Andersone in 
Newtone to pruife the half lands heidroume acclameit 
be him fra Mungow Andersone to be ane parte and pertinent 
of his husband land, quha produceit for verifeing thairof 
Hendre Couchrane in Newtone, Jhone Andersone, elder, 
Nicholl Couchrane, thair, pro primo. 

The quhilk day Jhone [? Thome] Maben deliverit his 
seasing, precept and sumonds to the defenders to wit 
[lear ?] Wille Wrycht and Jhone Tuno, quhilks thai 
confessit the ressait and oblisseit to refound thame the 
nixt court. 

The quhilk day compeirit Kathrene Stewart and 
protestit that na thing done this present day salbe pre- 
judiciall to the infeftment gevein to hir heirtofoir, and 
thairupon tuik act. 

The quhilk day the bailie ordaineit the aile to be 
sauld within the regalite of Melrose fra this nicht bak 
for xvj d. the pint, and the breid to be weyed xvj unce 
for the schilling, under the] pan of x li. to be imployeit 
v. to the bailie and v. to the pure. 

The quhilk day the bailleis reponeis Jhone Ramsaye 
to be hard anent the allegeit bluid gevein in be Robert 
Derling againest him, and the former convictioune to be 
null, and therupon tuik act. 

The quhilk day compearit the said Jhon and protestit 
that gif the inqueist proceid in the allegeit bluid for wilfull 
errour, seing thair is nather wound nor bluid produceit 
for werefecatioune thairof. 

The said Jhone beand beffoir the inqueist was content 
gif it can be sufficientlie provein that he was wersland or 
gripand the persone allegeit resavear of the bluid that he 
sould be convict and gilte thairof, this day xx days 
assignit. 

Nicholl Couchrane, of the aige of 50 yeirs, deponeis that 



24 MELROSE REGALITY RECORDS 

sua far as he understands and ever hard be any of the 
toune of Newtoune that the half lands heidrome acclameit 
be Jhone Andersone agains him is ane parte and pertinent 
of the husband lands roume pertening to him contenit in 
his infeftment. 

Jhon Andersone, of the aige of xl yeirs, mareit, con- 
cordat [?] cum priori in omnibus. 

■ j Hendre Couchrane, of the age of xl yeirs, concordat cum 
•priori in omnibus. 

The quhilk day compeirit Mongow Donaldsone and 
became of new catioun and souerte for entering of Wille 
Blaik in waird this day xv days under the pane of v c 
merks, and that he sail noch resort within the toun to that 
tym. 

The baillie court of the regalite of Melrose haldin thairat 
be Dene Jhone Watsone, baillie deput of the said 
regalite, laufulle constitut, the xxvij of October 
1606. 

The quhilk day compeirit Robert Ormestoun of Auld 
Melrose and haveand raisit ane brief out of our soverane 
Lordis Chapell to obteane him serveit as aire to his umquhile 
father Jhone Cranstoun [? Ormestoun] of Auld Melrose and 
for verefeing thairof produceit the said brief dewlie execut 
and indorseit to be serveit this day, quha gaif in his clame 
to be serveit in the lands of Auld Melrose as aire to his said 
umquhile father, beffoir thir inqueist following, and for in- 
structioun thairof produceit thairwith ane instrument of 
seasing gevein be umquhile Robert Ormestoun of Auld 
Melrose of the saids lands of Auld Melrose to the said um- 
quhile Jhone Ormestoun his sone of the dait the xx of Aprile 
1564 under the signe and subscriptione of Jhbne Mosman, 
notar. The inqueist beand admittit and sworne, thair names 
following, to wit, Thomas Trotter in Redpeth, Alexander 
Andersone thair, Andrew Hownam [ ? Howme] thair, Michaell 
Fischear in Darnik, Jhone Hetoun thair, Andrew Boustone 
in Brigend, Robert Wallace in Melrose, Andrew David- 
sone thair, James Edgar thair, Androw Mar in Galtounsyde, 



ROBERT ORMISTON'S RETOUR 25 

Quhintein Thomson thair, Thomas Hoye thair, Jhone 
Thomsone thair, Ritchert Sclaitter in Eildone, Jhone 
Haiste thair ; Thomas Trotter, chancellar. 

The saidis persones of inqueist seand and herand the 
infeftment forsaid red and exponeit, and understandand 
the said Robert to be eldest and laufull sone to the said 
umquhile Jhone Ormestoune, decernes the said Robert 
affirmative to the saids lands of Auld Melrose aire laufull 
foirsaid to his father's lands, quhairupon the said Robert 
requirit act. 

The baillie court of the regalite of Melrose haldin 
thairat be Walter Chisholme of that Ilk, baillie 
deput, the xxix of October 1606. 

Compeirit George Boye, procurator in the actioune 
persewit be Jhon Walker in Darnik aganes William Ker, 
vickar of Lindene, for removing of him fra ane yaird liand 
at Dainzeltoun touneheid, and desyrit him to gif his aith 
de calumnia beffor he war hard to deffend in the said 
actioun, as alsua to find catioun for the violent profeits in 
caice of victorye obtenit aganest him. 

Compeirit the said William and allegeit thair was na 
laufull procutour for the said Jhone Walker, and na proces 
therfore, and to proceid. Siclik compeirit Jhon Hunter, 
procutor for the said Jhon Walker and fand George 
Keyr [?] catioun that the said Jhone Walker sail stand 
firme and stabill to all and quhatsumever he dois in the 
said mater, and desyrit proces and desyrit the aith de 
calumnia of the deffender gif he hes just cawse to deffend 
the said actioune or nocht, the said William Ker fand 
William Fischer in Newsteid catioun for the violent pro- 
feits, quha oblissit him and his airs to releve the said 
catiounear. 

The quhilk day anent the actioun of removeing intentit 
be Jhone Andersone in Newtoune aganeis Mungow 
Andersone thair anent the half land heidroume acclameit 
be the said Jhone, quhilk beand resaveit, ane summonds 
produceit with ane wairning and ane instrument of seasing 



26 MELROSE REGALITY RECORDS 

and the said halfland heidrowme beand ordaneit to the 
persewar to priufe as ane parte and pertinent of the 
land's heidroume, quhilk beand sufficientlie done the juge 
decernes the samein to pertene to the said Jhone as his 
proper heretage and ordanes the officers to enter him to 
the possessioune thairof to be bruikit be him in all tym 
cuming, quhairupone the said Jhone requireit act. 

Compeirit the said Mungow Andersone and protestit 
for remeid of law anent the decreit aboue-writtin and 
nullite of proces, togidder with the extract of the haile 
proces upon his expenses, and tuik act. 

The quhilk [day] anent the actione of removeing in- 
tentit be Androw Davidsone aganes Androw Wallace fra 
ane acre of land in the Annaye, produceit an wairning and 
seasing ; the juge ordaines the inspectioune of the peices 
to be gevein to the deffender and him to answer thairto 
the nixt court. 

The quhilk day it is statuit and ordaineit that Androw 
Wallace, officer, sail tak the keyes of the haile fleschars 
buths in Melrose on the Setterday at evin and to keip 
thame quhill Mononday, and gife any be sauld on the 
Sabboth day that the samein salbe escheitit and delt to 
the puire, and the byar to pay x 1. to the bailie and ordanes 
this present [?] to be proclameit oppinlie. 



The baillie court of the regalite of Melrose haldin thairat 
be Dene Jhone Watsone the tuelt of November 
1606. 

Compeirit William Ker, vickar of Lindeine, and protestit 
that he mycht be arreistit lawfulle sax days befoir the 
actione be intentit or waikinit betuix him and George 
Boye. 

The quhilk day Androw Davidsone is ordaineit to 
produce the peces upliftit be him pertening to Williame 
Fischear this day xv dayes, with eiks to his deffences, 
with certefecatione the juge will decerne conforme to the 
clame. 



THIRLAGE TO LANGSHAW MILL 27 

The baillie court of the regalite of Melrose haldin thairat 
be Walter Chisholme of that Ilk the xxvj of November 
1606. 

The quhilk day anent the thirle of the mylne of Lang- 
schaw acclameit be Sir Jedeane Murray, fewar of the 
samein, allegeand that the tennents of Blainslie, Threip- 
woid, Moshouses, Jhone Hoye, Nicholl Cairncroce, is and 
are parte thirleit to the said mylne, and that thai pas 
with thair cornis fra the said mylne contraire to con- 
suetuid and rycht. Compeirit the saids tennents be 
Frances Wilkensoun thair procurator, and na wayis denyit 
thair astrictione to the said mylne upon sik conditiones 
as thai war useit of beffoir, with speciall provisione thai 
be thankfullie serveit, quhairupon the said Sir Jedeane 
requireit act. 

The quhilk day compeirit the said Sir Jedeane and pro- 
duced ane auld act and ordinance of court anent the 
thirle and astrictione of the said mylne, and desyrit the 
samein of new to be ratefeit and approvein in his persone 
sua far as belonges to him, [of] the quhilk act the tennour 
follows. — [Here two pages are left blank, but written on 
the first is as follows :] 27 January 1607, the quhilk day 
this court buke contenand fyftene leivis preceiding this 
leiff was producit in judgement. (Signed) H. [?] Boustoun. 

Compeirit the said Frances Wilkesone, procurator for 
the said persones of Blainsle and Threipwoid, and pro- 
testit that the ratefecatione and transferance of the said 
act in the persone of the said Sir Jedeane war na wayis 
prejudicial! to thame in grinding of nane of their comes 
forther nor was useit nor wont of beffoir nor payment 
making of forther dewte for the samein. 

The baillie court, beand ane heid court, haldin at Melrose 
be Walter Chisholme of that Ilk, baillie deput of the 
said regalite, lawfullie constituit, the xxvij of May 
1607. 

The quhilk day the baillie foirsaid constituit Jhone 
Frater, sone and aire to umquhile Jhone Frater in Lan- 



28 MELROSE REGALITY RECORDS 

hauch, officer to the lands conteinit under that parte, and 
gaif his aithe of fidelite thairanent and in taikin the baillie 
deliverit to him ane wand, quhairupone the said Jhone 
requireit act. 

The quhilk day Mungow Donaldsone in Melrose is 
decerneit to deliver to Jhone Peneman thair viij bolls 
beir sufficient stuf and for the aucht bolls aitis price of 
the boll iij I. xv s. att the sycht of tua nychtbours. 

The quhilk" day David Maben in Melrose is decerneit 
to pay to Mungow Donaldsone thair the sowne of xiij 1. 
as cationear for Jhone Thomsone in Brigend, and that 
in respect of his confessioun. 

The quhilk day Jhone Cairncroce in Redpethe is decerneit 
to pay to Jhone Howatsone, clangear, for clangeing of his 
house, the soume of tuente marks money, in respect of 
the persewars aithe. 

Ane bluid gevein up be Androw [Wallace] committit be 
Mungow Donaldsone one Robert Wallace. 

The baillie court of the regalite of Melrose haldin thairat 
be Dene Jhone Watsone, baillie deput of the said 
regalite, the thrie of Junii 1607. 

The quhilk day Margareit Ker in Newtone is decerneit 

xi d. to pay to Jhone Haliwell thair for the quantite of x peks 

beir crop 1601 conforme to the liquidatione, with xj s. 

iiij d. for aile and breid coft and resaveit fra him, and 

that in respect of the persewars aith. 

The bailie court of Melrose haldin be Dene Jhone 
Watsone the tent of Junii 1607. 

vj s. The quhilk day William Ker in Newtoune is decerneit 

to pay to Jhone Halewall thair for meit and drink coft 
and resaveit fra him be umquhile Michaell Lethen in 
Newtoune and Issobell Brydin his spous the sowme of 
v I. x s. with xx s. for ane cauf bede, in respect of the per- 
sewars aith. 



ABSENT VASSALS 29 

The baillie court of the regalite of Melrose haldin thairat 
be Walter Chisholme of that Ilk the xvij of Junii 
1607. 

Absentes 

Lessuddane : — All bot James Stoddert and James 
Couchrane, to wit, Jhone Brydin, James Uneis, David 
Jamesone, Thomas Unes, Mongow Riddell [deleted], Jhone 
Riddell, Robert Cunra, Robert Hunter, Thomas Hunter, 
Androw Stoddert, Thomas Haiste, Mungow Purves, 
William Riddell, James Lethen, James Jamesone 
[deleted], Androw Richesone. Newtoune : Thomas Coit 
[deleted], Androw Hetoune. Newsteid : William 
Fischear. Galtounsyd : Thomas Hoye [deleted], William 
Boustoune [deleted], Jhone Broune [deleted], Jhone Bous- 
toun [deleted], Androw Clerk, Quhintein [Thomson] [deleted], 
Quhintein Scot, Androw Mar [deleted], Gawen Mertaune, 
Mark Mertoune [deleted]. Dainzeltoun : Jhon [? Thorn] 
Scot, saudler [deleted], William Ker, vickar. Melrose : 
Robert Wallace, Alexander Rogear. Dernik : Jhone 
Walker [deleted], Andrew Merser, ' Puile.' Blainslie : 
Edward Romanis [deleted], George Romainis [deleted], 
Michaell Diksone, Jhone Stirling [deleted], George Pringle 
of Blindlie, Wille Scheill, William Hunter of Williamlaw, 
James Hunter of Halkburne, Hendre Depo. Langhaugh : 
Jhone Frater, officer [deleted], Androw Derling, elder and 
younger [deleted], Philp Derling, younger [?] [deleted], 
Redpetii : the Laird of Coldenknowis, Androw Horn [?] 
in Bassindane. 

The quhilk day Hobe Kyle in Lessuddane is decerneit 
to pay to Patrik Riddell thair for ane yow slane be him 
the soume of v merkis money in respect of his nocht 
compeirance. 

The quhilk day Jhone Broune in Galtounsyd is absolveit 
of the xx 1. acclameit be Wille Andersone in Redpeth in 
respect of the confessioune of the said William. 

Compeirit Jhone Bowar in Melrose and produceit ane 
clame agane William Wallace thair makand mentioune 
that quhair in the moneth of May last the said William 



30 MELROSE REGALITY RECORDS 

Wallace wranguslie intruiseit him self in the possessioune 
of ane parte of the said compliners roume in Melrose 
quhairintill he was in peciabill possessioune hand and 
boundit as is conteinit in his infeftments, and for instruc- 
tioune of his clame he produceit ane instrument of seasing 
maid and grantit be umquhille Jhone Middilmest in 
Melrose to umquhile Thomas Bowar, father to the per- 
sewar, of the dait under the subscriptione of Sir Jhone 
Brydin the fourt of December 1571, with ane uther instru- 
ment of seasing maid and grantit be the said Thomas 
Bowar to the said compliner under the subscriptione of 
Jhone Scot, noter, of the dait the xvij of August 1591, 
and desyrit proces and deliverit the clame and peices 
produceit to the said deffender, quha resaveit the same, 
and assignis this day xv dayis to gif in his deffence. 

Inquisitio: — Thomas Mar in Newsteid, Jhone [? Thom] 
Hoye of Colmesliehill, Quhinten Thomsone, Thomas 
Trotter, James Jamesone, Alexander Trotter in Newsteid, 
Berne Mein, Jhone Notman, William Ker in Newtone, 
James Stoddert in Lessuddane, Mungow Andersone in 
Newtoune, Nicholl Mersser in Dernik, Jhone Andersone 
in Newtoune, Philp Derling in Apiltreleves, Walter Eleis 
in Dainzeltoune. 

Compeirit Edward Derling in Blainslie and grantit in 
jugement that he suitit the Laird of Chisholme to pas to 
Blainslie to the effect that the peice roume compeneanit 
betuix him and James Hall sould be metit and maircheit 
be the nychtbours, quhairupon the said James Hall 
requireit act. 

Compeirit Edward Derling in Blainslie and protestit 
that na inqueist mycht pas in the actioune persewit be 
James Hall in Blainslie aganes him and Jhone Hall his 
brother sone, in respect the said inqueist is electit with 
[sic] consent of him and that the said Jhone Hall, allegeit 
proprietar of the said lands, is of minorite and of na law- 
full aige and na act of tutore produceit, and forther 
geveand and nocht grantand the said Jhone war of lau- 
full aige na cognitioun of inqueist aucht to pas thairupone 



ACTION AFFECTING HERITAGE 31 

in respect he hes nocht instructit his rycht of the lands 
clameit and that the said deffender is herettablie infeft 
thairintill, quhilk he offeris him to pruife, and hes bene 
in possessioun thairof past memore of man, and seing the 
said deffender and persewar hes foundit upone pretendit 
infeftments your Lordship is na juge competent thair- 
intill in respect the samein aucht to be remittit to the 
Lordis of Sessioune, supreme juges to the validete and 
invalidite of rychts, and protestis, gif the inqueist proceid 
in respect of the infeftment and possessioune, for wilfull 
errour and remeid of law. 

Compeirit James Hall in Blainslie and sayis that the 
actioune foirsaid was remittit to the dicisioun of aucht 
neutrall men, four for ather parte, be baith thair con- 
sentis, and thai haveand decerneit that the samein sould 
nocht [be] recallit agane bot rather ratefeit and manteinit 
be the baillie, and thairupon tuik act. 

The quhilk day anent the peice roume in companeyse 
betuix the saidis Edward Derling and James Hall, beffoir 
the inqueist foirsaid beand produceit ane submissioun 
with ane decreit of aucht neutrall men of the samein and 
thai decerneand the samein to pertene to the said James 
Hall within the dyk, and in respect thairof and of diverse 
preifes of the nychtbours sayand the same [?], the haile 
inqueist foirsaid ratefeis the haill decreitis pronunceit 
heirtofoire and findis the samein peice ground justle to 
pertene to the said James Halls sone as heritour thairof, 
quhairupone the said James Hall requereit act of court. 

The inqueist fyles Mungow Donaldsone in ane bluid 
drawin one Robert Wallace. 

Compeirit the said Edward Derling and protestit for 
remeid of law and extract of the proces. 

The quhilk day it is ordainit that the tennentis of 
Lessuddane sail content and pay to Walter Scot of Tuschi- 
law saxtein bollis malt at the tymis following, to wit, on 
Thrsdday nixt aucht bollis thairof upoun Fridday nixt 
[sic] and the uther aucht bollis within tuentie dayis thair- 
after, and failzeing thairof aucht pundis for everie boll ; 
quhairupoun the said Walter requyrit act of court. 



32 MELROSE REGALITY RECORDS 

The baillie court of the regalite of Melrose haldin thairat 
be Walter Chisholme of that Ilk and Dein Johne 
Watsoun, bailie deput of the said regalitie, lawfullie con- 
stitute be ane nobill and potent lord, Walter Scot, 
Lord of Bakcleuch, baillie principall of the said 
regalitie, the sevintein day of Junii anno 1607, curia 
affirmata et sectis vocatis. 

The inqueist : — John Hoy of Colmisliehill, Thomas Mar 
in Newsteid, Quhinteine Thomsone in Galtonsyde, Thomas 
Trotter in Ridpeth, James Jamsoun in Lessuddane, 
Alexander Trotter in Newsteid, Bernard Mein thair, Johne 
Notman in Moshouses, William Ker in Newtoun, James 
Stoddert in Lessuddane, Mungo Andersone in Newtoun, 
Nicholl Mersar in Dernike, Johne Andersone in Newtoun, 
Philp Derling in Apiltreleveis, Walter Elleis in Dainzel- 
toune. 

The quhilk day anent the actioun and caus in contra- 
versie betuixt Edward Derling in Blainslie one the ane 
pairt and Edward and James Hall thair as tuttors and 
gydars to John Hall his brother sone one the uther pairt, 
for ane balke or balke of ane dyke lyand one the south syde 
of the same dyke foment the heid roume pertening to the 
said Edward Derling, quhilk lyis on the northe syde of the 
said dyke and rige of land lyand nixt adjacent to the said 
balke on the southe syd thairof within the toun of Blainslie 
territorie thairof, lordschip of Melrose, and schirefdome of 
Roxbrugh, quhilk balke was acclameit be baith the saidis 
parties, and for desyding of the said contraversie thay 
moveit the said Walter Chisholme, baillie deput foirsaid, 
to travell to the said toun of Blainslie and thair in his 
presens thai submittit thame selffis to the desitioun of 
thair nychtbouris, to wit, George Greife in Blainslie, 
Johne Waddell in Thirlstane, Gawin Kairter in East Mains, 
Jhone Thin, elder, and Johne Thin, younger, in Blainslie, 
Andro Kairter and Robert Hall in Threipwode, quhilkis 
personis deponand thair aithis for useing thair honest 
dewtie in the said actioun, and thairefter viseing the same, 
the maist pairt of the saidis personis fand that the balke 



ACT AGAINST DRUNKENNESS, ETC. 33 

without the dyke foirsaid as the marchstane stands apper- 
teinis justlie to the said Johne Hall as his propper heritage 
and to the said James Hall as his tuttor for his entres, and 
ordainit thair decreit to be ratifiet be the baillie and 
inqueist abouewrittin, as the said submissioun and decreit 
pronunceit be thame of the dait at Blainslie the tuentie 
aucht of May last in anno present at mair lenth beiris ; 
quhilk be the saidis baillies and inqueist beand fand 
ressonable thay ratifiet and approveit lykas thai be thir 
presentis ratifies and approveis the samin to be laufull 
in all poyntis and decernis the said balke of land to per- 
teine to the said Johne Hall and James Hall tuttour for 
his entres as thair heretage, and ordanis the officer to put 
tham in the peceabill posessioune of the samin to be bruikt 
for ever ; quhairupoun the said James Hall requyrit act 
of court. Extractum de libro actorum curie predictum 
[sic] per Joannem Scot, notarium publicum ac scribam 
curiae ejusdem. 

Forsamekle as it is manifestlie knawin that thair is 
certaine personis indwellaris within the toun of Melrose, 
and resorteris to the same indwellaris within the lordschip 
thairof, that maist vyldlie and undiscreitlie abuses thame 
selffis and utheris quyet and discreit men in thair cum- 
panie be thair drunkensumnes, tulzeing, bralling and 
miscaling, to the hie dishonour of God, contempt of the 
majest,rateis, disgrace and hurt of the toun, quhairfoir it 
is statut and ordainit that quhatsumever persone or per- 
soneis in any tyme heirefter that beginis ane tulzie be 
thair drunkensumnes or utherwayis be thair malitiousnes, 
in the first gif the blude be drawin to incure the doubill 
payment useit heirtofoir, to wit, fourtie pundis money; 
secundlie, gif thair be straikis without blude, ten pundis ; 
gif thai injure ane ane other in wordis, in continance, or 
drawing of wapponis, ten pundis money ; and thair 
bodies to be punische [sic] wardit according to the fact in 
irnes and stokis to thair schame and disgrace and to be 
countit thairefter be all honest men as deboschit men 
vacaboundis and disturberis of the Kingis peace, and alsua 
ordanis that all honest men or countis thame self to be 



34 MELROSE REGALITY RECORDS 

honest sail absteine abhore and detest the cumpanie of 
theise rannagatis, to the effect that gude ordour may be 
keipit in all tymes cuming, to the honour of God, to the 
contentment of the majestratis, weill and honestie of the 
cuntrie of Melrosland. Lykways that na man be cavil- 
latioun, railling or miscaling, malitiouslie injure or defame 
in thair calling or credeit ony maner of way anie honest 
persone quhairby thai may follow just caus of offence, 
under the paine of imprisoneing the partie offender xlviij 
houris by and attour the censures of the Kirk. As alsua 
it is ordainit that sax of the maist discreit men induellaris 
in the toun of Melrose accumpanie the baillie and officer 
to tak hald of the saidis personis committeris of ony of the 
faultis foirsaidis to be punischit at his pleasour to the 
effect foirsaid, to wit, Ralf Haliburtoun in Melrose, Robert 
Wallace, younger thair, Robert Wallace, elder thair, 
James Nicoll thair, William Wallace thair, Johne Scot, 
notar thair ; and gif any of the saidis sax personis dis- 
obeyis the baillie and his officer in prosecuting thar dewtie 
in the premissis under the paine of fyve pundis toties 
quoties to be payit to the baillie and ordanis the officer 
to poynd thame for the same. 

At Melrose the sevinteine day of Junii j m six hundreth 
and sevin yeiris, beffoir thir witnesses, Walter Scot, 
gudman of Tuschalaw, Jhone Scot, his sone lawfull, 
and Johne Haliburtoun of Murhouselaw, with utheris 
diverse. 

{Signed) Walter Chysholm off that Ilk. 

The baillie court of the regalitie of Melrose haldin in the 
Kirk thairof be Dein Johne Watsoun, baillie deput 
of the said regalitie laufullie constitut, the first day 
of July the yeir of God j m sax hundreth and sevin 
yeiris, curia affirmata et sectis vocatis. 

The quhilk day compeirit James Dowglas in Freirschaw, 
deffender, and Johne Haliburtoun of Murhouslaw, ex- 
ecutor lawfullie constituit be umquhile Andro Douglas 
of Freirschaw, persewar, conserning the keiping and 



ACTION HALLIBURTON v. DOUGLAS 35 

deteining of the obligatioun of ane thowsand merks maid 
be James Douglas of Cavers, schiref of Tivitdaill, to the 
said umquhile Andro for the landis callit the Nuke sauld 
be the said umquhile Andro heretabillie to the said James 
Douglas of Cavers. The said James Douglas in Freirschaw 
denyit the custodie of the said obligatioun, upoun the 
quhilk the guidman of Murhouselaw referit it to his aithe 
de collumnea [sic] quither he had just cause to deny the 
reset of the said obligatioun or not, last in presens in the 
judge quhen he suild have deponit his aithe grantit the 
resait of the said obligatioun quhilk he resavit fra his 
umquhile brother ; in respect of his confessioun the judge 
abouewrittin ordainis him to redelyver to Johne Hali- 
burtoun the said obligatioun unmaculat, uncuttit, but 
haill and feir as he resavit the samin, within aucht and 
fourtie houris ; upon the quhilk the said John Hali- 
burtoun requyrit act of court. 

(? Signed) J. Scot. 

The bailie court of the regalite of Melrose haldin thairat 
be Jhon Watsone, the viij of July 1607. 

The quhilk day William Watsone in Melrose is decerneit 
to pay to Jhon Haistie in Eildone xj I. vj s. as for the price 
of certane scheip coft be him fra the said Jhone, and that 
in respect of the persewars aith, the deffender oft sum- 
mondit, callit, and nocht compeirand, quhairupon he 
requireit act. 

The quhilk day anent the actioun and cause intentit 
and persewit be Johne Thin in Blainslie against Edward 
Derling thair makand mentioun in his lybell that the 
compliner hes ane rige of land lyand nixt adjacent to ane 
uther rige of land perteining to the defender, the com- 
pleiners rige beand teillit yeirle and the defenderis lyand le, 
and beand baith on ane cavell aucht and suld be equall in 
breid and lenth, and albeit the said compliner hes diverse 
tymeis teillit his awin rige and maid it equall with the 
defendar, yit he mast malitiouslie and wrangouslie hes 
layit the teilling doun agane and deteinis mair nor his 



36 MELROSE REGALITY RECORDS 

cavell extendis to and will on na wayis to suffer the said 
compliner to posess his pairt and cavell be just measour 
and met without he be compellit therto, as at mair lenth 
is conteinit in the said lybell ; quhilk actioun beand dy vers 
tymes ressonit befoir the judgeis foirsaid and actit and 
ordanit baith the saidis parties to produce thair rychtis 
for verefieing of thair clame and defenceis, quhilk beand 
done be the partie persewar and the defendar nocht com- 
peirand in respect quherof the judge descerns and ordanis 
the officer to chairge four of the eldest nychtbouris in 
Blainsle to pas to the said rigis [of] land and marche 
and meike thame according to nychtbourheid, and thair 
marcheis to stand in all tymeis cuming, and ordanis the 
officer to poynd and strenze the defendar for thrette thre 
schilingis four pennyis to be delyverit to the compliner 
for expenses debursit be him in persute of the said caus. 
Extractum de libro actorum curie regalitatis ejusdem per 
me Joannem Scot notarium publicum ac scribam curie 
ejusdem teste manu mea propria subscriptum. 

The baillie court of the regalitie of Melrose haldin thairat 
be Dene Jhon Watsone, baillie deput, the xv of 
July 1607. 

Compeirit Jhone Bowar, and beand ordaineit to answer 
to the deffences gevein in be Willie Wallace this day, he 
produceit the same with thre severall acquittances of the 
cropes 1604, 1605, 1606 conteinand the ressait of vj s. viij d. 
yeirlie as for the few maile of the smiddie and roume 
acclameit, and thairefter the juge ordanes the deffender 
to gif in eiks to his deffences this day aucht dayis assignit. 

Compeirit Jhone Bowar and offerit to William Wallace 
vij s. viij d. as for the meal of the smidde and roome ad 
rationem of this crop 1607, quhilk he refuiseit, in respect 
quhairof he tuik act. 

The quhilk day compeirit Jhone Hunter and beand 
persewit be Jhone [? Thorn] Notmah for ane pot and 
covering, quha produceit ane pfuife as the said Jhone 
Hunter allegit nocht lawfulle led arreistit and useit law- 



ACTION BY KINDLY TENANTS 37 

fullie and allegeit he caun partiall and nocht as ane pruife 
protestit that he sould nocht be hard as ane pruife, the 
actione nocht beand cumit to that parte. 

The baillie court of the regalite of Melrose haldin thairat 
be Jhone Watsone the xxix [?] of July 1607. 

[Nothing further recorded.] 

The baillie court of the regalite of Melrose haldin thairat 
be Walter Chisholme of that Ilk the xij of August 
1607. 

Compeirit James Broun in Park anent the actioun 
persewit be Jhone Alisoun and Alisone Cairncroce his 
mother againeist him for entering thame to the posses- 
sioune and kindnes of threquarters of ane land houses 
yard and thair pertinentis liand in Redpeth perteining to 
the said James, and for the allegeit ejectioun, sayis na 
proces in respect of the act of Parliament maid thairanent 
that thre yeiris and na mair is expyreit and of the feriot 
tyme, and concerning the promes of the tak libellit 
allegeit maid to hir be the deffender to hir in the moneth 
of Marche 1605 last it is answerit be the defender that he 
came to hir dwelling hous and offerit to repone hir to the 
possessioune of the lands libellit at the nixt laufull terme 
quhan he mycht have had the possessoris of the land 
laufulle removeit providing scho fand me catioune for the 
yeirlie dewte that utheris possessaris had payit yeirle, 
nochtheles I ame nocht oblissit now perfit the same in 
respect the brek titis be hir default in non finding the 
catioun quhilk I offer me to pruife, and thairupon desiris 
interloquutor under protestatioun he be hard to lik paire 
and reforme. 

The persewar desyris ane day to ansuer to the defences, 
and the nixt court to that effect, quhilk is the xxviij of 
August instant. 

The baillie court of the regalite of Melrose haldin thairat, 
be ane dispensatioune grantit be our soverane Lordis 



38 MELROSE REGALITY RECORDS 

Sessioun, be Walter Chisholme and Dene Jhone 
Watsone, the xvj of September 1607. 

Compeirit Sir Jedeane Murray and produceit ane precept 
execuit and indorseit aganes the persones thairintill con- 
teinit, and for instructing thairof produceit his seasing of 
the landis of Langschaw and Langschaw mylne, togidder 
with ane act of court of this bailliere in favouris of the 
Abbay mylne of Melrose for the astrictit multeris of the 
samein, daitit the xvij of Januar 1556 [? 1586], and con- 
forme thairto desyrit proces. 

Compeirit William Cairncroce of Colmeslie, personallie 
summondit, grantit the desire of the sumonds, thairfoire 
decerneis. 

Nicholl Cairncroce, elder, similiter for the landis of 
Calfhill and Hilslop. 

Jhone Notman, officer, and Hendre Depo similiter, 
portionaris of Moshouses, Jhone Broune thair. 

Jhone Frater, officer in Langhaugh, and William Moffet 
in Threipwoid, similiter. 

James Hunter for his landis of Halkburne and Blainslie, 
similiter. 

Androw Derling, elder, Androw, younger, Philp Derling, 
for thair lands of Apiltreleves grantit therto. 

Jhone Frater, maltman in Langhaugh, grantit thairto. 

Jhone Hoye of Colmesliehill in lik maner grantit. 

Jhone Spotiswoid of Quhitlie for his lands of Quhitlie 
and Quhitlie Dykis grantit in lik maner. 

Robert Hall, James Moffet, Jhone Moffet, portionaris 
of Threipwoid, grantit in lik maner. 

Androw Smythe in Langhaugh grantit to the actioun 
in maner foirsaid. 

Williame Notman, portionar of Moshouses, grantit in 
lik maner. 

The juge decerneis aganes all the parteis particularlie 
aboue specefeit with thair awin consent, quherupon the 
said Sir Jediane requireit instruments. 

Compeirit Jhone Romainis in Blainslie, Adame Derling 
thair, George Romainis thair, George Greig thair, Jhone 



THIRLAGE TO LANGSHAW MILL 39 

Thin thair, Thomas Lyall thair, Charles Pringle thair, 
William Jhonstoun thair, Edward Romainis thair, Jhone 
Stirling thair, James Hall thair, Edward Hall thair, por- 
tionaris of Blainslie, personallie, quha constituit Frances 
Wilkesoun procurator for thame, desyrit the inspectioun 
of the summoundis and peces produceit and ane day to 
use thair deffences. 

The persewar present compeirit be Mr Thomas Houp, 
procurator, quha tuik instruments upoun the compeir- 
ance of the saidis deffenderis and Frances Wilkesone thair 
procurator, and ansuerit that the saidis deffenders ante 
omnia man gif thair aith de calumnia gif thai have ane 
just cause to deny the contentis of the summoundis, and 
ane day can nocht be gevein to thame to deffend bot to 
deffend presentlie, seing thai have gottin ane sufficient 
tyme of deliberatioun be the space of xv dayis betuix the 
dait of the sitatioune and the day of compeirance, and 
thairupoun desirit the juge his interloquutor. 

Secundlie, it is allegeit be the said Frances that na 
proces aucht to be grantit in respect of the feriot and close 
tyme, and na dispensatioune had be the juge. 

It is ansuerit thai can nocht be hard to object the feriot 
and close tyme in respect of the deffenders compeirance, 
and dessyrit to have ane day assignit to thame, quhair- 
upoun the persewar requireit instruments. 

And forther the juge hes ane dispensatioune for sitting 
this present tyme in all causes nochtwithstanding of this 
feriot tyme. 

Thirdlie, it is allegeit be the saidis deffenders that na 
proces can be grantit againest thame conforme to the 
sumoundis unto the tym thai have inspectioune of the 
persewaris rycht to the thirle multeris lybellit and ane 
day assignit to thame to ansuer to, quhairupoun thair 
haile deffences man result, because we deny the astric- 
tione to the said mylne utherwayis nor voluntarlie, and 
protestis gif your Lordship proceid and assigne us na 
day to produce our deffences and to have inspectioun 
of the persewaris tytillis, for remeid of law and nullite of 
proces. 



40 MELROSE REGALITY RECORDS 

The first pairt of the allegeance aucht to be repellit in 
respect of the persewaris seasing produceit of the mylne 
and astrictit multeris libellit and alse of the act of thirlege 
quhilk ar baith alreade produiceit be the persewars for 
instructing of his precept, quhairof the persewar is content 
the deffenders have present inspectioune that he may use 
his present deffences as accords of the law and in sua far 
as the deffenders denys the thirlege the persewar takis in- 
strumentis thairupone and desiris the juge to assigne ane 
day for preifing of the sumoundis and thirlege thairintill 
conteinit, because ane day can nocht be assignit to ane 
deffender quha denyis the libell, and first of all the 
deffenders man gif thair aith de calumnia upon the pointis 
of the sumoundis as said is. 

The juge be interloquutor ordaines the persewar and 
deffendaris to gif thair aithis de calumnia gif thai have 
just cause to deny the thirle or nocht and to persew also, 
and ordanis the deffenders to have inspectioune of the 
precept and writtis produceit for instructing thairof, and 
to that effect assignis the xxvj of September instant with 
consent of baith the saidis parteis, and ordanes the saidis 
deffenders that day to be present of thair awin consents 
[and] gif thair aith de calumnia gif thai have just cause 
to defend, with certefecatioune protestatione salbe 
admittit and sentence pronunceit. 

Item, the juge anent the parteis nocht compeirand the 
juge hes resaveit ane witnes, viz. Mr James Scot, and 
assignis ane forther day for probatioune of the sumoundis, 
viz. the xxvj day of September, and ordanes the parteis 
to be sumound to heir and se probatioun led and to gif 
thair aith de calumnia, with certefecatioune. 

The quhilk day Frances Wilkesone grantit the ressait 
of the sumoundis, infeftment, and act of court to the effect 
foirsaid, quherupoun Sir Jedeane requireit act. 

Compeirit Jasper Dason and protestit gif David [?] 
Trumbill and David [sic] Ainsle comperis nocht the nixt 
court proces sal proceid againest Androw Wallace as 
cationer for thame for ane naig coft be him fra thame, 
and thairupon tuik act. 



THIRLAGE TO LANGSHAW MILL 41 

The baillie court of the regalite of Melrose haldin thairat 
be Dene Jhone Watsone, baillie deput of the said 
regalite, laufullie constituit, etc., be ane dispensa- 
tioune grantit be our soverane Lord his Sessioune, 
the xxvj of September 1607. 

The quhilk day Gawen Woid in Moshouses confessit 
that his predicessouris and he is astrictit to the mylne of 
Langschaw with his comes growand in his landis of 
Moshouses, conforme to the securite had be Sir Jedeane 
Morray, proprietor thairof . 

Compeirit Johne Hoye, younger of Colmesliehill, and 
for his lands of Colmesliehill confessit ut supra. 

William Dewar in Newhouses for his pairt of New- 
houses similiter. 

Compeirit Frances Wilkesone, procuratour for the 
persones of Blainsle conteinit in the former act, and pro- 
duceit the instrument of seasing of the landis of Lang- 
schaw with the pertinentis pertening to Sir Jedeane 
<r>sMoray of Elebank, knight, togidder with the act and 
raiment of court resaveit be him, anent the thirle of the 
Langschaw mylne, with the libellit sumoundis, and in 
place of defence sayis na proces in respect of the con- 
sanguinate standing betuix the nobill and potent lord, 
Walter, Lord of Bukcleugh, and the said Sir Jedeane, 
beand full sister and brother bairnes, and also betuix the 
said Sir Jedeane and Walter Chisholme of that Ilk, prin- 
cipall bailie deput, beand alwayis secund and thrid of 
consanguinite discendand from the said hous of Bukcleugh, 
and last of all in respect of the saidis sumoundis groundit 
upoun ane heretabill tytill and mater of greit consequens 
libellit aganest the saidis deffendaris beand fewars and 
heritors of the said lands in the quhilk thai have disponeit 
to thame all and haile the saidis landis with mylne multeris 
and utheris pertinentis, and in that respect standis upoun 
the validite or invalidite of the persewars and deffenders 
rychtis, sua that be na law nor practik of this realme 
na inferiour juge can cognosce nor discyd in the said 
mater bot aucht to be remittit to the Lordis of Sessioun 



42 MELROSE REGALITY RECORDS 

as juges ordinar thairto, and thairupoun desyris inter- 
loquutor. 

Compeirit Edward Romanus, Edward Derling, Androw 
Cairter, William Scheill, George Davidsone, and con- 
stituit Frances Wilkesone thair procuratour, quha repeitit 
in thair names the former deffences and diclinatoris pro- 
poneit of beffoir. 

The quhilk day George Pringle of Blindlie confessit the 
thirle of the gryst of his landis in Blainslie to the mylne 
of Langschaw in all tymes cuming, quhairupon the said Sir 
Jedeane requireit act. 

The juge be interloquutor repellis the first tua allege- 
ances in respect that thair is na allegeance proponeit 
aganeist the present bailie, quha is nather of kin nor 
allia to the parte persewar, to wit Dene Jhone Watsone, 
and concerning the validite or invalidite of the infeft- 
mentis thai ar nocht in questioun nor contravertit heirto- 
fore bot the thirle of the mylne libellit, and thairfoire 
repellis the same. 

The juge admittis the persewaris witnesses in the 
actioun libellit, because litiscontestation is led and ane 
witnes led heirtofoire. 

Compeirit Frances Wilkesone, procurator forsaid, and 
produiceit letters of advocatioun purchessit at the instance 
of the fewars of Blainslie aganest the persuit of the said 
mater and dischairgeit the said bailie deput present of 
all forther proceiding thairintill quhill the xxiiij of 
November nixt and of thair office in that parte, as the 
letters of the dait at Edinburgh the xxiiij of September 
instant at maire lenth proportis. 

Compeirit the said Sir Jedeane, persewar, and allegeit 
that the said letters aucht nocht to be admittit in respect 
that the schiref thairintill conteinit as procurator foir- 
said deliverit nocht ane copy of the advocatioune and 
that the persones last sumound in the proces litiscon- 
testation in the actioune is led. 

The juge be interloquutor admittit the letters of advoca- 
tioune for the haile tennents of Blainsle. 

The names of the witnesses conteinit in the said Sir 



ACTION MEIN v. MEIN 43 

Jedeane his sumounds for preveing of his libell ar, Jhone 
Morray in Calfhill, mareit, of the aige of fourscoire five 
yeirs or thairby, deponeit as fqllowis, that he understuid 
perfitlie the possessaris of the landis of Moshouses, Eister- 
raik of Wolhousbyre, Calfhill, and Landhoupmire, hes 
beine in use in bringing thair cornes to be grundin at the 
mylne of Langschaw past memorie of man and sua under- 
stands that [the cornes growand on the saids lands ar 
thirleit to the said mylne {deleted)] the said Sir Jedeane 
and his predecessouris hes bein in possessioun of the said 
mylne the thirle multers thairof of the saids lands occupyit 
be the saids deffenders. Charleis Dasoun, mareit, of 
the aige of fourscoire yeirs or thairby, concordat cum 
'priori omnibus, William Carter, mareit, of the aige of 
lxxv yeirs, deponeit ut supra, and forther sayis he under- 
stuid the possessars of the saidis lands quhan thai past 
with thair comes to any uther mylne was poindit for the 
same be the possessars of the mylne of Langschaw. 
William Moffet in Threipwoid, mareit, of the aige of 1 
yeiris, concordat cum priori in omnibus. Thomas Hiltsoun, 
of the aige of 1 yeiris, concordat cum Willelmo Carter et 
Willelmo Moffet. Jhone Moffet, of the aige of 1 yeiris, 
concordat cum Mis tribus antedictis. 
Assignis the xvij of October to use forther diligence. 

The baillie court of the regalite of Melrose haldin thairat 
be Dene Jhone Watsone, baillie depute of the said 
regalite, laufullie constituit, the xxviij of October 
1607, curia affirmata et sectis vocatis. 

Compeirit Jhone Hunter, procurator for William Mein 
in Newsteid, sone to umquhile William Mein thair, and 
produceit ane summonds dewlie execuit and indorseit 
aganes David Mein thair, with ane precept of wairning 
and ane instrument of seasing of the landis conteanit in 
the sumonds, of the dait the xiiij of November 1607, 
for instructing of the said sumounds, and desyrit proces. 

Compeirit Frances Wilkesone, procuratour be ane 
mandat for the said David Mein, and desyrit inspection 



U MELROSE REGALITY RECORDS 

of the libell and tytills produceit and ane laufull day to 
gif in his defenses. 

Compeirit the said Jhon Hunter and sayis the former 
act aucht to be repellit in respect the said David nor na 
laufull procurator for him [sic], and supponeand he had 
ane sufficient power he can nocht be hard to say aganest 
the libell quhill the said David find catioune for the 
violent profeitis of the landis libellit. 

Ansueris the said Frances that it is nocht necessar in 
respect of the act of Parliament makand speciall men- 
tioune that na catioune aucht to be fand be the persoun 
deffender except thai object and offer to improve the 
executions of libell and wairning produceit, quhilk we 
have nocht done as yit nor can nocht do quhill we get 
inspectioune of the samein and gif we do or offeris to 
improve any parte thairof offeris likways to find catioune. 

The juge be interloquutor ordanes the deffender to 
have inspectioune of the libell and tytills produceit, and 
him to gif in his defences thairto this day aucht dayis 
assignit. 

The quhilk day anent the actioun and cause conteinit 
in the lybell intentit and persewit be Thomas Mertoun 
in Westhouses against James Thomsoun in Galtonsyd 
makand mentioun thairintill that the said James Thomson 
had disponit to him in wodset thre half riges of his land 
reknit to the thrid parte of ane aiker of land lyand throght 
Galtonsyd, to be haldin dewtie fre, and trew it is that he 
hes ' possessit the saids thre half rigis of land thre crops 
bygane and is constranit be Sir Gedion Murray, just 
awner of the ferme of the saidis landis, to pay yeirlie for 
the said thrid parte of ane aiker thre pekis tua copfulls 
beir with the cariag and kainfoull effeiring as the rest of 
the toun hes done to him viz. fourtie s. money yeirlie thir 
thre yeiris bygane, quhairof the said James will not releif 
the said compleinar, and of the dewtie thairof in tym to 
cum duiring the non redemptioun of the samyn, without 
he be compellit as is alledgit ; compeirit baith the saidis 
persones in judgment quhair the said compleinar pro- 
ducit the band and wodset of the saids thre half rigis 



ACTION REGARDING A WADSET 45 

beirand the condisiounes foirsaidis, viz. to be fre fra all 
dewteis and takis quhatsumever, in respect quhairof and 
of the defenders confessioun the judge decernis the said 
defendar to pay to the compleinar foirsaid the soumes 
abouewrittin and to releif him of the dewte of the saidis 
thre rigis of land, comptit to the thrid part of ane aiker of 
land, during the non-redemptioun thairof; quhairupon 
the said Thomas Mertoun requyrit act of court. 

The baillie court of the regalite of Melrose haldin thairat 
be Dene Jhone Watsone, baillie deput, the fourt of 
November 1607. 

The quhilk day Issobell Hetown in Westhouses is 
decerneit to pay to Syme Hetoune thair iij 1 money quhilk 
he payit as catiounar for hir, in respect of hir nocht com- 
peirance and his aith. 

The quhilk day William Bowar is decerneit to pay to 
James Duncane, copper, the soume of ten pundis money, 
in respect of his confessioune. 

Compeirit James Edgar, procurator for David Mein in 
Neusteid, and produiceit ane seassing with ane wairning 
and libellit precept for removeing of the said David fra 
sax acres of land, tenement and yairds specefeit thairintill, 
and protestit that the samein mycht be markit be the clerk 
and juge, quhilk the juge grantit, and assignis this day 
xv dayis to answer thairto, and protestit that he mycht 
eik beffoir interloquutor. 

The baillie court of the regalite of Melrose haldin thairat 
be Walter Chisholme of that Ilk, baillie deput, the 
xviij of November 1607. 

Compeirit William Mein in Newsteid, with advise of 
Androw Mein and Jhone Roger and Jhone Mein, his 
curators, and constituit Jhone Hunter thair procuratour 
in the actioun persewit be thame againeist David Mein 
in Newsteid, usque adfinem letis [sic]. 

Compeirit Jhone Hunter and grantit him to have resaveit 
fra Alexander Rogear the money as Witsonday male 1607 



46 MELROSE REGALITY RECORDS 

conteinit in his charge and restis the lint and hemp, and 
gaif him the principall charge instantlie. 

Inquisitio : — Thomas Mar in Newsteid, Jhone Ander- 
sone in Newtoune, Alexander Andersone in Redpeth, 
Michaell Fischear, Jhon Rogear, Thomas Trotter, Androw 
Mein, Jhone Hetoune, George Romainis, Walter Eleis, 
Mungow Andersone, Quhintene Thomsone, Nicholl Merser, 
Jhone Hunter, Nicholl Bowar, William Ker. 

Ane forcement maid be William Ker to Jhone Hunter, 
messingeir, in poinding of ane decreit. [In margin:] 
Grantit be the ayth [?] of Hunter [?] Wille Ker fyleit. 

Ane uther committit be Meg Ker to him for poinding 
ane uther decreit. 

Ane bluid committit beHobMyln upone Sande Couchran, 
and ane uther be him upoun Hob Myln. [In margin:] 
Hob Mylne fyleit, continewis the uther, absent. 

Ane bluid drawin be Gawen Cesfurd upone Syme 
Hetoune. [In margin :] Fyleit. 

Ane braile maid be James Edgar to Mungow Donaldsone. 

Ane bluid allegeit drawin be Jhon Patersone upone Jhon 
Donaldsone. 

Ane bluid drawin be Androw Frater on Jhone Ramsaye. 

Ane braile maid be Willie Andersone aganest the nycht- 
bouris of Redpeth in cutting of ane ledder. 

Ane uther betuixe Jhone and George Trotter. 

Ane braile maid be Jhone Ramsaye one Androw Frater. 

Ane braile be Jhone Ramsay to Androw Frater. Pruifes, 
Jhone Moresone. 

The baillie court of the regalite of Melrose haldin thairat 
be Dene Jhon Watsone, the xxv of November 1607. 

The quhilk day Kathrein Ker, relict of umquhile Robert 
xid. Ker in Melrose, is decerneit to pay to Jhone Haiste in 
Melrose as executrix and intromissatrix with hir husbands 
guidis and geir, as for half ane yeirs fee the soume of 
five pundis money with the soume of xiij s. iiij d. for ane 
paire of schoon, in respect of hir non-compeirance and 
persewars aith. 



REMOVING MEIN v. MEIN 47 

Compeirit Jhone Hunter, procurator for William Mein 
in Newsteid, and his curators, in the actioun of removeing 
persewit be him against David Mein, and sayis a day 
beand assignit to the said David to gif in eiks to his 
defences in the said cause and useand na diligence thair- 
intill sayis he aucht to be na forther hard and the said 
William his libell admittit to probatione, and to that effect 
desiris the peices to be produceit judiciale. 

Compeirit James Edgar and produceit the haile peices 
and eiks. The juge assignis this day aucht dayis to ansuer 
to the eiks. 

The quhilk day Kathrein Ker as executor and intro- 
missatrix to hir umquhile husband his guidis and geir is 
decerneit to pay to Jhone Donaldsone in Melrose the 
soume of xv 1. for the bringing hame of ane myln stane, 
debursat be him for the said Kathreine, and that in respect 
of the said Kathreins non-compeirance and the per- 
sewars aithe. 

Pruifes led be Mungow Donaldsone against James Edgar 
in Melrose for the boisting of him, quhilkis ar James 
Nicholl, William Watsone, Sande Wischart, Robert Nicholl. 

James Nicholl, of the aige of xxxvj yeirs, mareit, 
deponeit that he hard Mungow Donaldsone offer in presens 
of ane notar ane wod to James Edgar for his guidis pundit 
be the said James, quha refuiseit the same and thairefter 
gaif injurious language to the said Mungow and wald 
have pullit out ane quhinger, quhairof he was stoppit be 
redderis. 

William Watsone deponeit and Mungow 

ane le and thaireftir James Edgar mintit to an quhinger. 

Robert Nicholl concordat cum Jacobo Nicholl. 

The baillie court of the regalite of Melrose haldin thairat 
be Dene Jhone Watsone, baillie deput of the said 
regalite, laufulle constituit, the secund of December 
1607. 

Compeirit Frances Wilkesone, procuratour for David 
Mein, and demandit gif William Mein his curatours and 



48 MELROSE REGALITY RECORDS 

thair procurator gif anybe will abyd be the haile proces 
deduceit be thame in the said mater or no. 

Ansueris Jhone Hunter, procutour for the persewar 
and his curators, and sayis thai will abyd be the haile 
productione in that mater quhatsumever is useit be him 
in the said mater, quhairupon the procutors hinc inde 
tuik act. 

Compeirit the said Frances, procutor for the said 
deffender, beffoir any interloquutor in the said mater and 
protestit gif your Lordships grantit proces conform to the 
executione of the wairning produceit being useit as is 
allegeit at the paroche kirk of Melrose upon the xj of 
Aprile 1607 last, quhilk can na ways be susteanit be reason 
the said xj day was na ways ane Sondaye, and thairfoire 
anent the act of Parliament na proces bot absolvitour. 

Compeirit the said Jhone Hunter, procutour for the 
persewar, and sayis gif thair be any imperfectioun in the 
execution writing [sic] wairning produceit it is in the 
writtar thairof, and desyris ane day to count and rekin 
and mend the writting thairof in respect the executioun 
in the selff is laufull, quhilk he will byd at, and desyrit 
interloquutor. 

It is replyit be the said deffender that the persewar 
nor his procutour can na ways be hard to renew nor 
reforme the wairning libellit nor executioun producit, in 
respect of the former act quhair the said persewar baid 
by the tytills produceit, and desyrit interloquutor. 

The juge continewis the pronunceing of the interloquu- 
tor to this day aucht dayis, parteis waimeit apud acta. 

The quhilk day Jhone Hunter fand catioun Jhon 
Rogear for the sute [?] of the actione be William Cairn- 
croce of Colmslie. 

The baillie court of the regalite of Melrose haldin thairat 
be Walter Chisholme of that Ilk, the ix of December 
1607. 

The quhilk day it is statuit and ordaneit anent nycht 
drinkeris, tuilzearis and vagaboundis and disturberis of 



ACT AGAINST DRUNKARDS AND OTHERS 49 

thair nychtbouris, for eschewing thairof, that quhat- 
sumever persone or personis induellaris within the regalitie 
of Melrose beis fund drinkand in hoistlar houses efter 
nyne houris at evin that thai sail pay to the baillie the 
soume of fourtie schillingis money and sail satisfie the 
kirk for thair abuise toties quoties aad the hoistlar wyfe 
that sellis thame drink fra that houre bake [sic] sail pay 
the lyke soume to the baillie toties quoties. 

Compeirit Williame Mein and his curators in the actioun 
of removeing persewit be him aganeis David Mein, and 
sayis concerning the allegeit negligence of the day of the 
executioune of the wairning done at the kirk of Melrose 
upoun the tuelt of Aprile quhilk was be negligence of the 
writtar of the executione writtin to be upone the xj day 
thairof, quhilk thai pas fra and adheris to the xij day aad 
abydis at the executioune thairof, and desyrit proces 
conforme. 

The quhilk day David Mein in Newsteid is decerneit to 
remove fra the sax acres of land, houses, yairdis and thair 
pertinentis, liand in Newsteid, and ordanes the officer to 
enter William Mein thair to the possessioun thairof to 
be bruikit be him as his heretage, in respect he hes 
produceit na tytill nor laufull deffence in the contraire 
conforme to the act of Parliament maid thairanent, 
quhairupoun Jhon Hunter, procutour, requireit act. 

The quhilk day Androw Carter is ordaneit to gif ane 
copy of the bill or the principall presentlie and to instruct 
conforme to the last act, this day aucht day is assignit 
with certefecatioun. 

The quhilk day Ritchert Sclaitter in Eildone is decerneit 
to pay to Jhone Lethen thair the soume of iij 1. in respect 
of his aith, and absolvis the said Richart of the land and 
violent profeits acclameit in respect of his pruife led and 
serveing conforme. [In margin :] with iij pekis iij copfulls 
meill [?] crop 1605. 

The quhilk day Alexander Rogear gaif his aithe he feirit 
Robert Wallace bodele harme, quha fand George Eles 
cationrie under the pan of xx I. 

Absentis, James Gaustoune. 

D 



50 MELROSE REGALITY RECORDS 

Ane tuilze gavein up betuix George Freir and George 
Donaldsone ; pruifes, Robert Wallace, Androw David- 
sone, Thome Fischear, James Edgar. 

Ane tuilze betuix Androw Davidsone and Jhone Wauche. 

[At this point two leaves are inserted, on the first page 
of which is the following extended act.] 



The baillie court of the regalitie of Melrose haldin thairat 
be Walter Chiseholme of that Ilk and Deine Jhone 
Watsone, baillie deput of the said regalitie laufullie 
constituit be Walter, Lord of Bukcleuch, baillie 
principall of the samin, the nynt of December anno 
j m sax hundreth and sevin yeiris, curia affirmata et 
sectis vocatis. 

The quhilk day anent the actioune and caus conteinit 
in the lybell intentit and persewit be Williame Mein, sone 
to umquhill Williame Mein in Newsteid, makand mentioun 
thairintill that quhair he hes lyke as he hade the tyme of 
the wairneing underwrittin befor and sensyne all and 
haill sax aikeris of land, tenementis, yairdis and thair per- 
tinentis, lyand within the toune and territorie of Newsteid, 
lordschip of Melrose and schirefdome of Roxburgh, per- 
teining to him in few and heretage, and be wertew thairof 
he causit laufullie warne and chairge David Mein, massone 
in Newsteid, pretendit tennent and occupyar of the 
samyn, to have flittit and removeit him selfe and his 
familie furth and fra the possessioune thairof at the feist 
and terme of Witsonday last in anno j m sax hundreth and 
sevin yeiris, to the effect the said compleinar mycht enter 
thairto and peaceabillie posses the samyn as his propper 
heretage, and hes useit the haill ordour of wairneing 
against the said deffendar conforme to the act of Parlia- 
ment maid anent wairneing of tennentis, as the wairneing 
dewlie execuit and indorsate thairupone at mair lenth 
proportis ; nevertheles the said deffendar onnawayis will 
decist and cease fra the said roume and landis, bot maist 
wrangouslie postponeis and defferis and refuises to flit 



REMOVING MEIN ». MEIN 51 

and remove without he be compellit, as was alledgit. 
The saidis pairtieis compeirand personallie in judgement 
be Johne Hunter, messinger, as procutor for the said 
William Mein and be Frances Wilkisone as procutor for 
the said deffender, the infeftment of the saidis landis per- 
teining to the said persewar with the wairneing maid 
thairupone subscryveit be him and be Johne Roger in 
Ridpethe, Androw Mein, mason in Newsteid, and Johne 
Mein, wobster thair, his curratoris, dewlie execuit and 
indorsate, beand produiceit be the said Johne Hunter as 
procutor for the said persewar and admitit be the saidis 
judgeis, the deffenceis eikis ansueris and replyis produceit 
be baith the saids parties for persewing and deffending 
of the said caus, quhilkis beand hard seine and considderit 
be the judgeis foirsaidis sindrie and diverse dyetis beand 
past, the judgeis abouewrittin decerneis and ordaneis the 
said David Mein and his foirsaidis to flit and remove fra 
the saidis sax aikeris of land, houses, yairdis and thair 
pertinentis lyand as said is, that the said compleinar may 
enter thairto and posses the samyn as his propper heretage 
in all tymeis cumeing, and that in respect of the infeft- 
ment and wairneing foirsaid produicit be the said per- 
sewar and na sufficient tytill produicit be the deffendar 
to bruike the saidis landis, conforme to the act of Parlia- 
ment maid thairanent, and ordaneis the officer to enter 
laufullie the said compleinar to the possessioune of the 
saidis roume and landis, and to poynd and streinzie the 
defender foirsaid for the sowme of fyftie thre schillingis 
four pennyes as for expenses debuirsit in persuit of the 
said cause and make the compleinar be payit thairof 
as accordis of law. Extractum de libro actorum curie 
predicte per me Joannem Scot notarium publicum ac 
scribam curie ejusdem teste manu mea propria subscriptum. 

[Continuation of record] 

Ane brail betuix George Donaldsone and Robert Merser. 
Ane bluid drawin be David Jamesone upon Walter 
Thorbrand. 

Ane brail betuix Nicholl Merser and Jhone Waichtman, 



52 MELROSE REGALITY RECORDS 

and his sone Robert cam to the said Jhones hous and 
thocht to have injureit him. 

The quhilk day Quhintene Scot is decerneit to pay to 
James Moffet in Threipwoid for sax yowis xij 1. in respect 
of his confessioune. 

Inqueist : — Michaell Fischear, Jhon Hetoune, George 
Eles, Berne Mein, Walter Eleis [? deleted], Jhone Kyle, 
Jhone Andersone, Mongow Andersone, Jhone Boustone, 
Jhone Hunter, Robert Wallace, Quhintein Thomsone, 
Nicholl Bower, Richert Sclaiter, Androw Derling. 

The inqueist fyleis George Donaldsone in ane wrang 
for the tuilze committit be him aganes George Freir. 

The inqueist fyles Androw Davidsone in the wycht of 
the tuilze betuix him and Jhone Wauchie. 

The inqueist fyles James Edgar in ane brail maid to 
Mungow Donaldsone. 

The inqueist fyles Nicholl Merser in ane brail maid to 
Jhone Waichtman. 

The quhilk day Alexander Rogear offerit to Jhon 
Hunter xvj s. viij d. as for his Witsonday maill in anno 
1607 for his tenement and tua partis of the Wairdis 
quhilk he resaveit with satisfactioune for his teind lint 
and thre scheves of teind hemp of the crop foirsaid, quha 
refuiseit the same sayand that it was nocht sufficient, 
conforme to his stok ; the said Alexander requireit 
instruments. 

The baillie court of the regalite of Melrose haldin thairat 
be Walter Chisholme of that Ilk and Dene Jhone 
Watsone baillie deputis of the said regalite, laufullie 
constituit, etc., the xvj of December 1607. 

The quhilk day anent the terme appointit to Androw 
Carter to instruct his clame in the actioune persewit be 
him aganes Jhone Thin, quha produceit for instructioune 
thairof ane seasing gevein be Helein Clerk his spous to 
him of the thrid parte of tua landis in Blanisle and thair 
pertinentis of the dait the iij of Junii 1596, compeirit the 
deffender and desyrit the inspectioune of the clame and 



ACTION CARTER v. THIN 53 

ane day assignit to use his deffences ; the juge assignit 
this day xv dayis to that effect and deliverit to him the 
clame, parteis wairnit thairto apud acta. 

In the terme assignit apud acta to Androw Carter and 
his spous to gif in thair deffences in the actioune per- 
sewit be Agnis Clerk and Jhon Thin hir spous, the said 
Androw Carter sayis for deffence that the saidis landis 
and pertinentis conteinit in the libell is alrede partit off 
beffoir and the said persewar resaveit his parte and hes 
the samein in possessioun and was content with the same 
in the tyme of the parting thairof, quhilk he offerit to 
pruife. 

It is replyit be the persewar the former exceptioune 
aucht to be repellit as altogidder irrelevant and generall 
in the self nocht condiscendand in speciall upone the tyme 
of the allegeit partitioun or deviding of the same nor with 
quhome the samein was maid nather yit be quhat maner 
the samein was devidit quhilk aucht to be in speciall to 
wit be writ seing he persewis the samein be writ, and 
onles thai offer to pruife the samein be writ the excep- 
tione aucht to be repellit as irrelevant, seing we stand 
speciallie infeft prout indiviso, and as to the principall 
mans quhilk we crave by pairt na ansuer is maid, thair- 
foire proces aucht to be grantit conforme to the clame, 
and desiris interloquutor. 

Compeirit the deffender beffoir interloquutor sayis na 
proces aucht to be grantit at the instance of the said per- 
sewar quhill we have ane day assignit to us to gif thair 
[sic] deffences. Assignis this day xv dayis. 

Compeirit Adame Derling, spous to Mariane Clerk in 
Blainslie, and is content and consentis that the land 
acclameit be pairtit and devidit conforme to the clame, 
quhairupone Jhon Thin tuk act. 

Compeirit James Robsone and past fra the pruifeing 
or executione of any letters deliverit be him to Jhon 
Hunter, in respect he wist nocht to quhat effect the samein 
was deliverit and nor at quhais instance, quhat day nor 
quhat place, and thairupoun the said Jhon" requiriet 
instruments. 



54 MELROSE REGALITY RECORDS 

[Inquest:] Jhon Donaldsone, James Edgar, Jhone 
Frater, Sym Hetoun, Sande Andersone, Jhone Ander- 
sone, Hendre Couchrane, Jhon Boustone, Jhon Cairn- 
croce, Jhone Hunter, Thomas Trotter, Jhon Hedingtoune, 
Robert Mertoune, Berte Robesone. 

Ane braile gevein up maid be David Mein and his brother 
David upone Jhone Mein. [Margin :] David Mein fyleit. 

Ane tuil maid betuix Charle Steinsone and Williame 
Lythgow in Redpeth, pruifes Robert Smyth, fyles thaim 
baith in the tuilze, Richert Mein. 

Ane brail alegeit maid be Syme Hetone one Jhone 
[? Thorn] Hetoune, pruifes, Berte Robesone, Hob Mertone, 
Jhone Mertoune, Jhon Boustoune, led be Jhone Hetone, 
Syme's parte continewit becaus his pruifes ar nocht 
arreistit. 

George Donaldson fyleit in ane brail for the striking 
of James Duncan sone. 

Cohtinewis the bluid betuix David Jamesone and 
Walter Thorbrand to the nixt court. 

Riche Mein deponis he saw Charle Steinson hund ane 
dog at the schep. William struik the dog, Charle repruifand 
him, thairefter evill words beand past, Wille Lythgow 
with ane theyng [?] struck, and thairefter thai gaid in 
gribis and tuilzeit. 

Jhon Allsone deponeit similiter. 

The bailie court of the regalite of Melrose haldin thairat 
be Walter Chisholme of that Ilk, the penult of 
December 1607. 

The quhilk day Jhone Ker is ordaineit to produce the 
bill intentit be the guidman of Colmslie against him, and 
his defences, this day xv dayis assignit. 

The quhilk day Jhone Boustone in Galtounsyd is de- 
cerneit to pay to James Wrycht thair the soume of lxix 
merks xj s. iiij d. as for the rest of tua hundreth markis 
payit be the said James to him in toucher guid and oblissit 
be the said Jhone to refound be way of contract in caice 
of nocht haveing issue with his umquhill spous, and of the 



RETOUR CAIRNCROSS 55 

confessioun of the said Jhone, quharupone the said James 
requireit act. 

James Edzar fand Michaell Fischear catione for guid 
reule heireftir according to the act [?] toties quoties, and 
he to releif him. 

The quhilk day compeirit Jhone Cairncroce in Redpeth 
and hawand raiseit ane breif to serve him as are to his 
umquhill father Charles Cairncroce to thre husband lands, 
houses, yairds, lofts, crofts, lyand in Ridpeth, quha pro- 
duceit ane breif dewlie execuit with ane charter and 
seasing and desyrit proces. 

Inqueist : — Michaell Fischear, Jhon Hetoune, Walter 
Eleis, James Nicholl, Thomas Mar, Berne Mein, Androw 
Mein, Sande Trotter, Jhone Andersone, Mungow Ander- 
sone, Richert Sclaitter, Nicholl Bowar, Androw Mar, 
Jhone Boustone, Jhone Boustoune. 

The quhilk day the inqueist foirsaid hes serveit the 
said Jhone affirmative to the saidis thre landis as aire to 
his father in respect of the evidentis produceit and nane 
objectand in the contaire, quherupon the said Jhon 
requireit act. 

Ordanes the decisioun of the cummer and debait betuix 
David Jamiesoune [sic] to be endit betuix and this day 
xv dayis or ellis thai salbe condemmit in the bluid and 
tuilze. 

Anent the tuilze betuix Hob Myln and Sande Couchrane 
for the wrang allegeit comittit be Sande Couchrane, 
witness led be the said Robert [sic], William Ker, quha 
is ignorant of the beginning thairof bot cam to the redding ; 
Mungow Anderson, ignorant of the haile ; Jhone Ander- 
sone, elder, ignorant ; Mathow Swanstoune, depones he 
saw bluid on thame baith, bot forther ignorant. 

[Here are inserted the following extracted Act of 1586, 
and Suspension and Inhibitions.] 

The baillie court of the regalitie of Melrose haldin at 
Melrose be James, Commendater of the abbay of 
Melrose, Johne Watsoun, pentioner of Melrose, ane 



56 MELROSE REGALITY RECORDS 

of the baillies deputis of the said regalitie lauch- 
fullie constituit be Walter Scot of Branxholme, 
baillie principall of the said regalitie of Melrose, the 
xxvij day of Januar the yeir of God j m fyve hundreth 
fourscoir and sax yeiris, curia affirmata. 

The quhilk day compeirit George Hoppringill, brother 
germane to James Hoppringill of Wodhouse, heretabill 
fewar of the landis of Langschaw and mylne thairof, and 
producit in judgement ane act and ordinance of court 
maid upoun the first head court fensit and haldin at the 
Abbay of Melrose the tent day of Apryll the yeir of God 
jm v c tuentie sevin yeiris be ane reverand father in God 
Andro Durrie, Abbot of the abbay of Melrose, and convent 
of the samyn, and baillie and his deputis of the lordschip 
of Melrosland and utheris his landis in thir eist pairteis, 
in the quhilk court the said reverand father and his 
convent and baillie ratifeis, appreveis, and confermeis all 
actis and statuitis maid and ordaneit be his predecessoris 
in ony tyme bygaine preceiding the said dait togidder 
with all uther statuiteis maid and ordaneit of the new be 
oure said reverand father, beirand item that na tennentis, 
subtennentis, cottaris, inhabitants, nor induellaris within 
the said lordschip and landis, without licence askit and 
obteheit of thame that may gif it, pas with ony of thar 
corneis outher of his awin corneis growand or that he byis 
that cumeis aneis within the thirle of the mylne that he 
is thirlit to quhidder it be malt, beir, quheit, or aitis to 
ony uther mylne bot allanerlie to the mylne that he is 
deput ordaneit and thirlit to pas to under the paine of 
tinsall of the corneis that he carrieis fra his awin mylne 
and of the horse that beiris the samyn, quhilk corneis 
salbe the fermoraris of the mylneis that he aucht to pas 
to and the horse the abbotis, alsua the serjand and officer 
that atteicheis and accuses sail have fourtie pennyis of 
his utheris guidis for the executioun of his office, and 
gif ony of the mylneis of the lordschip happineis throw 
drouth in summer or in frost that thay may nocht gang 
nowther to scheill nor grind, that the tennents and per- 



DECREE RE LANGSHAW MILL, 1586 57 

soneis that ar thirlit sa lang as thair awin mylne may not 
gang sail come with thair saidis corneis quhatsumever to 
the Abbay mylneis of Melrose and thair sail grind thair 
corneis, under the paine foirsaid, as the act of court maid 
be the said Abbot and baillies of the regalitie of Melrose 
and his deputis of the dait foirsaid schawin and produceit 
in judgment this present day at mair lenth beiris ; the 
quhilk act and ordinance being seine, sychtit, and con- 
sidderit be my Lord and baillie deput foirsaid this present 
day in judgement, findis and hes fundin that the samyn 
act is maid for the weill and behuife of the said abbacie 
and of the mylneis within the samyn, and thairfoir my 
Lord and baillie deput foirsaid hes authereisit, affermet, 
ratifieit and approveit the said auld act with all clauses, 
headis and articleis conteinit therin, and hes statuit and 
ordaneit that this said act and ratificatioun sail stand for 
ever and in all tymeis cuming sail have als full power as 
the uther act had befoir this present day, and that the 
officeris within this regalitie sail poind the contraveinars 
of the said [act] abonespecefeit according to the tennor 
thairof in all pointis ; and farder gif that the awner of 
the mylne can nocht gait ane officer to poynd conforme 
to the tennor of the said act, that it salbe lesum to him 
or his servandis in his name to poind the horse and corneis 
at his or thair awin handis provyding that thay bring 
the horse to my Lord and Abbot as for his unlaw. And 
als it is statuit and ordaneit that all myllaris of the 
mylneis of the said regalitie grind the corneis of the saidis 
tennentis and inhabitantis within the samyn sufficientlie, 
and gif thay do utherwayse that the saidis myllaris sail 
pay to the awneris of the corneis that hes skaith thair 
skaithe and inlaik at the sycht and modeficatioun of tua 
honest men within the said regalitie or the maneis aith 
that hes the skaith. And thairupoun the said George 
Hoppringill in name and behalf of the said James Hop- 
pringill his brother and Johne Hoy of Colmisliehill askit 
act of court. Extraction de libro actarum curie Mete regali- 
tatis de Melrose per me Willielmum Brydin, notarium 
publicum, ac scribam prefate curie, manu propria sub- 



58 MELROSE REGALITY RECORDS 

scriptum. Ita est Willillmus Brydin, notarius publicus 
ac scriba curie predicte, manu propria subscript [sic]. 

Letters of Suspension (registered 26th December 
1607) at the instance of Thomas Hoye in Galtonsyde, who 
is charged by letters of horning at the instance of James 
Philp, servitor to James, Commendator of Melrose, to 
pay to him a pension of 8 bolls bear disponed to him by 
the said Commendator upliftable from the lands of Galton- 
syde and specially from six acres of land occupied by the 
suspender ; because he was never lawfully charged to 
pay the same and when knowledge thereof came to him 
he willingly made payment of the said pension, and has 
the said James's discharge dated 15th December 16 , 

and his escheat goods are already disponed to James 
Cairncroce, son of Nicol Cairncroce of Calfhill, by his 
Majesty's gift. The letters are dated at Edinburgh, 6th 
March 1607. 

Execution: 12 Dec. 1607, by John Hunter, messenger, 
relixing Thomas Hoy by delivering the wand of peace 
to him at the market cross of Melrose ; witnesses, James 
Jamesone in Lessudane, William Wallace in Melrose, and 
Alexander Barrie in Galtonsyde. 

Inhibition (registered 3d March 1608) at the instance 
of George Trotter, lawful son of Thomas Trotter in Ridpeth, 
narrating a Contract dated 28th January 1590 between 
them on the ane part and John Robsone in Gladiswode 
and Andrew Robesone his son and apparent heir, for 
themselves and taking burden for Katherine Robsone, 
daughter of the said John, on the other part, for the 
marriage of the said George and Katherine, wherein 
Thomas his father promised to infeft the complainer and 
his heirs in his three half husband lands, and pertinents, 
lying in the town and territory of Ridpeth, and to observe 
other conditions ; and since that time his father has also 
borrowed 300 merks from him, for part of which he pro- 
mised to infeft him in his lands of Craighouse in the lord- 
ship of Melrose. For these and other matters the com- 
plainer is pursuing him, but to avoid the issue and defraud 
the complainer the said Thomas intends to dispone other- 



INHIBITION, TROTTERS v. ROBSONS 59 

wise upon his estate. He is therefore inhibited so to do. 
The letters are dated at Edinburgh 1st January 1608. 

Executions: 9 Jan. 1608, by Alexander Wischart, 
messenger, against Thomas Trotter personally appre- 
hended ; witnesses, John Roger in Reidpeth, James 
Broun of the Park, and Alexander Trotter in Newsteid. 
Same day, by the same, at the market cross of Melrose ; 
witnesses, William Wallace in Melrose, Andrew Davidsone 
there, and William Donaldsone there. 

Inhibition (registered 3d March 1608) at the instance 
of Alexander Rodger, indweller in the toun of Melrose, 
who has raised action against John Hunter, messenger, 
indweller there, for spoliation from his dwelling houses 
in Melrose of sundry ' meiris, insicht plenisching and 
utheris guidis and geir,' and the action being called on 
23d February and further witnesses being to be produced 
on 4th March, the said John Hunter intends to dilapidate 
his estate to the complainer's prejudice. The letters are 
dated at Edinburgh, 25th February 1608. 

Executions: 3 Mar. 1608, by Alexander Wischart, 
messenger, against John Hunter personally appre- 
hended ; witnesses, James Nicill in Melrose and Robert 
Wrycht there. Also at market cross of Melrose ; same 
witnesses. 

The baillie court of the regalite of Melrose haldin thairat 
be Dene Jhone Watsone, etc., the xiij of Januar 
1608. 

[Nothing further.] 

The baillie court of the regalite of Melrose haldin thairat 
be Dene Jhone Watsone, etc., the xxvij of Januar 
1608. 

The quhilk day Androw Howm in Brigend is decerneit 
to pay to Androw Mein, masone in Newsteid, the soume 
of xxiiij 1. money as catiounear for Jhone Haden, and that 
in respect of his confessioun. 



60 MELROSE REGALITY RECORDS 

The baillie court of the regalite of Melrose haldin thairat 
be Dene Jhone Watsone the thrid of Februar 1608. 

The quhilk day James Tumour in Langschaw is decerneit 
to pay to Alexander Barrie for tua flrlots malt crop 1606 
iij 1. x s. in respect of the persewars aith. 

The quhilk day Mungow Andersone in Newtoune is 
decerneit to pay to Androw Turner [?] in Melrose for ij 
firlots malt crop 1607, v merks, in respect of the per- 
sewar's aith. 



The baillie court of the regalite of Melrose haldin thairat 
be Dene Jhone Watsone, the tent of Februar 1608. 

The quhilk day James Cairncroce in Redpeth is de- 
cerneit to pay to Thomas Woid in Erslingtoune for the 
price of ane young nolt coft be him fra the said Thomas 
the sowme of vii 1. money, and that in respect of his aith 
gevein. 

The baillie court of the regalite of Melrose haldin thairat 
be Dene Jhone Watsone, the xvij of Februar 1608. 

[Nothing further.] 



The bailie court haldin at Melrose be Dene Jhone 
Watsone the ix of Marche 1608. 

The quhilk day James Edgar in Melrose is absolveit of 
the soume of xxx 1. acclameit be Sande Barre for the 
allegeit slauchter of ane meir, and that in respect the 
deffender hes sufncientle provein efter he had borrowit 
the meir he redeliverit hir to the persewar haile and feir, 
and thairefter tuik ane seiknes callit the veis and beand 
cuttit thairof scho ran woid and drouneit hirself in Tueid ; 
quhairupon the said James Edgar tuik [act]. 

The quhilk day Jhone Haiste in Eildone is decerneit 
to pay to Michaell Woid in Westhouses the soume of xij 1. 
in respect of the persewars aith, and tuik act. 



SUNDRY DECREES 61 

The baillie court haldin at Melrose be Dene Jhone 
Watsone the xvj Martij 1608. 

The quhilk day Androw Blaike is decerneit to pay to 
Michaell Fisehear in Darnik the soume of xix 1. x s. for ane 
oxe coft be him, in respect of his nocht compeirance and 
persewar's aith. 

The quhilk day Quhintein Scot is decerneit to pay 
Robert Halewell for ij bolls aits price iiij I. vj s viij d. for 
the boll, in respect of his preveing thairof . 

The quhilk day George Trotter in Redpeth is decerneit to 
pay to William Anderson thair xx 1. in respect of his aith. 

The baillie court of the regalite of Melrose haldin thairat 
be Walter Chisholme of that Ilk, bailie thairof, etc., 
the aucht of Aprile 1608. 

Compeirit Ritchert Sclaitter, Nicholl Bowar, and the 
remanent tennents of Eildoune, and because the baillie 
had causit sumound thame to this present court in respect 
of thair compeirance and obedience to the said sumounds 
requireit act. 

The baillie court of the regalite of Melrose haldin thairat 
be Walter Chisholme of that Ilk, baillie deput of the 
said regalite laufullie constituit, be ane dispensa- 
tioune grantit be our soverane Lords Sessioune, the 
tuente of Aprile 1608. 

The quhilk day compeirit Thomas Mar in Newsteid, 
becom bundin and oblisit to enter and present Alexander 
Mar his sone in judgement to the Laird of Chisholme, 
baillie, the nixt court day, being the fourt day of May 
next to cum, under the pane of ij iib. 

The said day the said Thomas Mar becom oblisit to keip 
the Kings Majesties peace with Barnard Meyne and to 
assure him to that day under the pane of ijo lib. 

The said day compeireit siclyk Barnard Meyne and 
becom oblisit to keip his Majesties peace with the said 
Thomas Mar and assure him to the said day, under the 
said pane of ij c lib. 



62 MELROSE REGALITY RECORDS 

The quhilk day the juge decemeit Thomas Mar in ahe 
j c tib in respect he hes nocht enterit Sande Mar his sone 
this day beand appointit to that effect. 

Bluidis and Forcements 

Ane arreistment gevein be Andro Sclatter brokin be 
Dand Ker and Jhone Lethen. 

Ane tuilze gevein up betuix Androw Davidsone and 
Thome Fischear. 

Ane tuilze maid betuix Jhone Haiste and Jhone Maben. 

Ane tuilze or brale maid be James Hunter to David 
Maben. 

James Edgar gevein up to have strekin and drawin 
bluid one Jonnet Nobill. [In margin :] Referrit to Thome 
Hetoune, James Maben ; James Maben deponis he saw 
him cast hir on the scalpe and saw na bluid. Absolvis 
James Edgar. 

Ane contentioun betuix Raulf Haliburtoune and Jhone 
Finla. 

Ane bluid drawin be Jhone Rogear one the skuilmaster. 

Ane tuilze betuix Androw Davidsone and Willie Thom- 
sone, pyper. 

The quhilk day compeirit personalie Sir Gedion Murray 
of Elibank, knight, and constitut Lawrence Scot, advocat, 
his preloquutor, quha producit ane precept of wakning 
aganis the haill persons, fewaris, and occupyars of the 
landis of Blainslies, togidder with the Lordis decreit of 
remissioun and ane new licence, to have hard and sene 
thame decernit to bring thair cornis growand upon the 
saids landis to the mylne of Langschaw, as the samin 
beris ; quhilk being producit as said is and dewlie execute, 
comperit personalie [the] fewars, tennents and occupyars 
abonewrittin, quha and ilk ane of thame being personalie 
present as said is grantit the said Sir Gedions clame and 
principall precept to be of veritie and actit band and 
oblisit thame thairto in all tyme cuming conforme to 
the desyer thairof. Thairefter the said Lawrence Scot 
desyrit ane ferder terme assignit for preving of the said 
principall precept aganis the remanent persons nocht 



MARRIAGE CONTRACT, MEYNE AND UNEIS 63 

comperand, lykas the judge abonewrittin assighit and 
assignis to the said Sir Gedion the day of hixt 

to cum and ordanis the defenders to be wairnit heirto 
as accords. 

Registration, 20 April 1608, of Contract of Marriage, 
dated at Lessuddane, 28 Jan. 1606, between John Meyne 
in Lessuddane and Robert Meyne his son on the one part 
and Thomas Uneis there and Helen Uneis his sister there 
on the other part, for the marriage of the said Robert and 
Helen. Thomas Uneis promises to pay to the said Robert 
and his father 240 merks of tocher, with the clothing, 
insight and plenishing pertaining to his daughter. The 
penalty of failure of either party is 20 merks. The deed 
was written by John Hunter, notary, and attested by 
James Uneis in Lessuddane, James Gastoun there, and 
Robert Coit there. 

The quhilk day anent the actioun and caus conteinit 
in the lybell intentit and persewit be Robert Halliwell in 
Galtonsyde against James Thomsoun thair, Thomas 
Boustoun thair, Wynd, George Coupper in Westhouses, 
and Gawin Sesfuird thair, makand mentioun thairintill 
that quhair the saids persones hes in possessioun the 
infeild land of ane aiker of land quhilk is the pairt of the 
viij aikeris of land sumtyme pertening to Umquhile Robert 
Boustoun in Galtonsyd, and albeit the saids persones hes 
possessit the samyn aiker fra the vi c yeir to vj° vij yeir 
of God compleit to six yeirs, yit thai refuise to pay the 
ferme thairof extending yeirle to ij flrlots beir everie ane 
of the four persones, ane ruid reknit to tua pekis beir, 
pryce conforme to the liquidatiounes ; and trew it is that 
the said Robert hes in possessioun the principall heid- 
rowme of the said land, quhairthrow he is constranit to 
satisfie the maister of the ferme thairof, quhairof the saids 
persones will nocht releif the said compleinar without 
thai be compellit, as at mair lenth is contenit in the said 
lybell : The saids parteis compeirand in judgement at 
diverse dyets of the actioun foirsaid, beand hard ressonit 
befoir the saids judges and na laufull objectioun maid 
against the said persewar, in respect quhairof and that 



64 MELROSE REGALITY RECORDS 

the saidis defendaris is in possessioun of the said aiker 
of land the judges decernes thame to pay to the said 
compleinar for tua pekis beir yeirlie the saidis sex yeiris 
everie ane of the saidis persones, extending to ij firlots 
beir conforme to the liquidatioune, extending to the 
soume of , with xxvj s. viij d. expenses. 

The baillie court of the regalite of Melrose haldin thairat 
be Dene Jhone Watsone, baillie deput, etc., the 
fourt of May 1608. 

The quhilk day Mungow Andersone in Newtoune is 
decerneit to pay to Jhone Andersone in Redpeth the 
soume of xxij 1. money as cationear for Sande Andersone 
in Newtoune and that in respect of his aith gevein, the 
deffender beand absent and ordaneit to be present and 
produice his persone he was catioun for. 

The quhilk day George Trotter in Redpeth is decerneit 
to pay to Sande Andersone thair four bolls beir, as the 
price, to wit the boll, in respect of his confessioune. 

The quhilk daye compeirit William Hunter of William- 
law and Nicholl Cairncroce of Landhowpmire and grantit 
to the tennour and effect of the sumounds raiseit be Schir 
Gedeane Murray in all pointis ; and siclik Charle Pringle, 
Edward Hall, George Graye [?] in Braidwodscheill, Jhone 
Notman callit Litill Jhone, Gawen Milcum [?], Robert 
Mitchell. 

The juge assignis this day xv dayis to pronunce. 

The quhilk day Thomas Mar enterit his sone Alexander, 
and thairupoun tuik act. 

The same day Watte Eleis enterit Berne Mein and 
tuik act. 

The baillie court of the regalite of Melrose haldin thairat 
be Walter Chisholme of that Ilk and Dene Jhone 
Watsone, bailie deputis thairof, etc., the auchtein 
of May 1608. 

The quhilk day the jugeis decerneit the haile persones 
conteinit in the libellit sumounds raiseit at the instance 



SUNDRY DECREES 65 

of Sir Jedeane Morray conforme thairto in respect of thair 
confessioune maid heirtofore, except the Laird of Colden- 
knows quha compeirit nocht ; quhairupoun James Cairn- 
croce, procuratour in name of the said Schir Jedeane, 
requireit act. 

The quhilk day Jhone Frater in Langhauche is decerneit 
to pay to Androw Smyth thair the soume of ix I. iiij s. 
iiij d. as for the rest of iij xx 1. for ane ploume yard coft be 
him fra umquhile Androw Smyth, and that in respect of 
his aith, be count deliverit thairupone. 

Compeirit James Hunter and produceit his clame 
aganeist Androw Wallace and remanent he compleinit 
upone, quhilk clame the juge as beffoir ordaineit the 
deffenders to have inspectione [of] and thane to gif in 
thair deffences this [day] xv dayis assignit, with certe- 
fecatioune. 

The quhilk day Willie Boustoune in Galtounsyd is 
decerneit to pay Alexander Adamesone in Bowden vj I. 
x s. as for the price of ane esche tre, and that in respect of 
the persewars aith. 

The quhilk day George Boustone in Brigend is decerneit 
to pay to Jhone Usher thair x lib. money as cationar for 
Ritchert Sclaitter in Eildone, in respect of his confessioune. 

The quhilk day the baillie constituit David Gaustone 
in Lessuddane, officer thairof, quha gaif his aith for trew 
administratione of his office, and thairefter the bailie 
deliverit to him ane officers wand, and thairupone the said 
David requireit act. 

The quhilk day Jhone Rogear in Redpeth is decerneit 
to pay Jhone Brotherstanes in Erslingtoune as cationar 
for George Trotter the soume of x 1. x s. money, in respect 
of the persewars aith. 

The quhilk day anent the actioun and caus conteinit in 
the lybell intentit and persewit be Hellin Roull, relict of 
umquhile Robert Mabein, alias Lad, in Melrose, upoun 
William Ker, wiccar of Lindein, makand mentioun thair- 
intill that hir said umquhile husband had in few and 
heretag all and haill four aikeris of land with ane peax 
yaird callit the spout yaird as ane parte and pertinent of 

E 



66 MELROSE REGALITY RECORDS 

the saidis land, quhilk yaird lyis betuixt the landis callit 
the Brummie daills on the eist and the burn on the west 
at the fut of the Ioning of Dainzeltone that paseis to 
Heildoun hills, quhairintill hir said umquhile husband 
and scho was in the peaceabill possessioun duiring his 
lyftyme, and scho beand bot ane puir wedow and without 
helpe the said William immediatlie thairefter maist 
wrangouslie intruseit himself in the possessioun of the 
said yaird and will onnawayis suffer and permit the said 
compleinar to occupey the samyn as ane parte and per- 
tinent of the land foirsaid without he be compellit, as was 
alledgit, and as at mair lenth is conteinit in the lybell 
foirsaid maid thairupoun : Compeirit the saidis partieis 
in judgment at sindrie and diverse dyettis, and na deffences 
laufull useit be the deffender thairefter, the haill actioun 
foirsaid was referrit to the persewaris probatioun, quha 
proveit sufncientlie the said yaird to have bein in thair 
possessioun and to be ane pairt and pertinent of thair 
saidis four akeris of land, in respect quhairof the judg 
decerneis and ordaneis the samyn justlie to pertein to the 
said Helein Roull and to the aires of the said umquhile 
Robert as fewaris thairof, and ordaneis the officer to put 
hir in possessioun thairof immediatlie heirefter, and 
ordaneis the defender foirsaid to content and pay to the 
compleiner abonwrittin the sowme of twentie sax schillings 
aucht penneyis as for expenses of pley debuirsit in persuit 
of the said actioun, and the officer to poind for the same 
and mak the compleinar to be payit within terme of law ; 
quhairupoun the said Helein Roull requyreit actis. 

[The following is an abstract of an Extract of the Decree 
granted of this date against the feuars and tenants therein 
referred to, and which was lent to the Editor by Sir James 
Balfour Paul, Lyon King of Arms.] 

Melrose, 18 May 1608 ; Walter Chisholm and Dene 
Jhone Watsone, bailies-depute. 

Action at the instance of Sir Gideon Murray of Elibank, 



DECREETS re LANGSHAW MILL THIRLAGE 67 

heritable proprietor of the mill of Longshaw and multures, 
etc. thereof, narrating his infeftment therein on 26 June 
1606, against the following persons, feuars, tenants and 
occupiers of the touns and lands undermentioned which 
are thirled to the said mill, to inbring their corn to be 
ground at the said mill (except teind and seed corn), and 
pay the multure, being a peck of multure for each 
threave [?], viz. Sir John Home of Coldenknows, as feuar 
of the Eistsyde of Housbyre, and William Mitchell and 
John Wricht, tenants and occupiers thereof, William 
Cairncroce of Colmeslie as feuar of the lands of Woupla 
and Allanshaw, and James Mitchell and William Pringill, 
tenants and occupiers of Allanshaw, William Hunter of 
Williamlaw as feuar of the lands of Williamlaw, Braid- 
woodsheill, and one [?] of the feuars of the lands and touns 
of Blainslie, Nicol Cairncroce of Calfhill, elder, and Nicol 
Cairncroce, younger, his son, heritable feuars of the lands 
of Hilslope, Calfhill, John Hoye, elder of Colmislie- 

hill, and John Hoye, younger, his son, feuars of the lands 
of Colmisliehill, and George Hoy, Jasper Hoye, David Hoye 
his son, and Thomas [?] Miller, tenants and occupiers of 
the lands of Colmsliehill and Apiltrieleaves, James Moffat, 
John Moffet, and Robert Hall, feuars of the toun and lands 
of Threipwode, [William Dewar] and John Rowmannous 
and John Williamson feuars of the toun and lands 

of Newhouses, James tenant and occupier thereof, 

George Pringill of Blindlie, John Rolmanhouse, Thomas 
Fogo, William Scheill, James Hall, Adam Darling, George 
Rolmanhous, Edward Darling, Michael Dicksone, Andrew 
Carter, George Greif, William Johnston, Edward Rol- 
mannous, John Thin, 1 William Darling, George Davidsone, 
John Thin called John of the Thornes, John [?] Pringill [?], 
Thomas Suinhouse, Charles Pringle,' Edward Hall, Allan 
Sounhouse, feuars and portioners of the touns and lands 
of Blainsleyis [?], Peter Darling, Hew Hardie, Robert 
Scheill, and John Murray, tenants and occupiers thereof, 
George Gray, tenant and occupier of the lands of Braid- 



1 Hereabouts is also John Stirling in a later list, and ane Thomas Hall. 



68 MELROSE REGALITY RECORDS 

wodsheill, John Notman, Gavin Wode, Henry Depo, 
John Notman called Little John, William Notman, John 
Broun, Robert Mitchell, Gavin Malcum [?], John Carter, 
John Smith, feuars of the toun and lands of Moshouses, 
Andrew Darling, Philip Darling, and Andrew Darling 
called Wester Andro, feuars of the touns and lands of 
Apletrieleaves and Langhauch, Peter Anderson, David 
Patersone, and John Anderson, tenants [?] in the toun and 
lands of Apiltrieleifis, John Frater, John Frater, maltman, 
William Darling, and Andrew Smith, tenants [?] of the 
toun and lands of Langhauch, James Hunter, heritable 
feuar of the lands of Halkburne and one of the feuars [?] 
of the lands of [Blain (?)] sleyis, and John Spottiswode, 
heritable feuar of the toun and lands of Quhitlie and 
Quhitliedyks. Charge having been given to them, and 
Sir Gideon Murray compearing by James Cairncroce his 
procurator, and none of the defenders compearing, the 
bailies decern them to pay the foresaid multure and other 
accustomed duties and bring their corn to the mill, conform 
to former decreets and acts of the court of the Abbacy of 
Melrose ; because most of the foresaid defenders com- 
peared at divers former diets, and confessed their lands 
were thirled to the said mill ; and the rest compeared not, 
and were held as confessed. 

Extracted from the Act Book of the regality of Melrose 
by John Scot, notary and clerk of court. 

At Melrose, 30 July 1635, the principal extract was 
exhibited in a court held by James Pringle of Bukholme, 
bailie-depute, read, compared and approved, and this 
to be the true copy thereof, as attested by the said bailie- 
depute and his clerk. Signature [obliterated. 

On the back the clerk's name is Alexander Mellerstanes.] 

The baillie court of the regalite of Melrose haldin thairat 
be Walter Chisholme of that Ilk and Dene Jhone 
Watsone, baillie deputis of the said regalite laufullie 
constituit, etc., the first of June 1608. 

Compeirit Jhone Spottiswoid of Quhitlie and produceit 



SPOTTISWOOD v. MOSS AND WIGHTMAN 69 

ane precept of poinding direct upone ane decreit pronunceit 
be the bailie aganeist James Moss and Jhohe Waichtman, 
and desyrit the samein to be execuit. The pairte deffender 
protestit to be hard and desyrit extract of the proces, 
quhilk the juge grantit, and thairefter the said Jhone 
Spottiswoid upliftit the said precept. 

The quhilk day George Morray in Galtounsyd is decerneit 
to pay to Thomas Mar, younger, in Newsteid the soume 
of xiiij 1. as for the rest of the price of certane scheip coft 
and resaveit be him fra the said Thomas, and that in 
respect of the persewars aith. 

Inquisitis : — James Hunter of Halkburne, Michaell 
Fischear, Berne Mein, Sande Andersone, Thomas Trotter, 
William Ker, George Eleis, Jhone Notman, Jhone Kyle, 
Mungow Mylne, Androw Stoddert, William Moffet, George 
Romainis, Mungow Andersone, Jhone Thin. 

The quhilk day David Jamesone in Lessuddane is 
fyleit in ane bluid drawin upone Walter Thorbrand. 

The quhilk day Jhone Rogear in Redpeth is decerneit 
in ane bluid drawin be him one William Coke, skulmaster. 

The quhilk day Jhone Haiste is fyleit in ane tuilze for 
striking of Jhone Maben. 

Registration, 1st June 1608, of Bond by William Wrycht, 
son and apparent heir of David Wrycht in Galtonsyd, to 
Andrew Mar, there, for 38 1. 6 s. 8 d. of borrowed money, 
which he is to repay or enter the said Andrew to the posses- 
sion of half an acre of land in Coit yairds, with the teind- 
sheaves and pertinents, and 4 I. of expenses if the deed has 
to be registered. William Bowie, notary in Lauder, is 
procurator for registration, and the Bond, written by 
John Freir, servitor to John Scott, notary, is dated at 
Melrose, 26 June 1607 ; witnesses, John Wrycht in 
Galtonsyd, Thomas Freir in Melrose, and George Freir 
there. 



The baillie court of the regalite of Melrose haldin thairat 
be Dene Jhone Watsone, baillie deput of the said 



70 MELROSE REGALITY RECORDS 

regalite, laufullie constituit, etc., the xv day of Junii 
1608. 

The quhilk day in the terme assignit apud acta to this 
day to William Ker, vickar of Lindeine, to produice our 
soverane Lordis letters of advocatioune persewit of beffoir 
be Jhone Walker in Darnik fra the yaird loch, and for 
observeing thairof produceit ane [sic] act of the Lordis of 
Counsell quhair the said mater and actioune of removeing 
is advocat to thame selfis to be proceidit beffoir thame 
siclik and in the samein maner as the said mater aucht 
and sould have beine proceidit beffoir the said bailie of 
the regalite of Melrose and his deputis, dischargeand the 
said bailie and his deputis of all ferther proceiding thair- 
intill and of thair offices in that parte for ever ; and forther 
the said William Ker compeirand be William Bowie his 
procurator for verefeieing of the said allegeance produceit 
the said act of the dait at Edinburgh the ix of December 
1606, and farther protestit gif the bailleis proceidit thair- 
intill for remeid of law and nullite of proces, and thair- 
upone tuik act. 

The juge continewis the pronunceing of interloquutor 
to this day xv dayis. 

The quhilk day baith the actiounis debaitafcill betuix 
Jhone Thin and Androw Carter is continewit the inter- 
loquutor to this day xv dayis, pairteis wairneit thairto 
apud acta. 

The quhilk day Jhone Wintroip in Elestoune is decernit 
to pay to James Vaiche thair the soum of v I. xij s. as for 
the price of ane boll meill in respect of his aith gevein 
thairupone. 

The quhilk day Adame Mertone in Redpeth fand Sande 
Andersone thair catione and souerte that he sail nocht 
trubill Hew Somerwill thair bot be law under the pane of 
xl 1. toties quolies. 

The quhilk day Johne Donaldsone in Melrose is decernit 
to pay to Johne Bowar in Melrose the sowme of vij tibs. as 
debtor for umquhile Jhone Thorbrand in Dainzeltoun and 
furnisching of iron, in respect of the defendaris not com- 



SUNDRY DECREES 71 

peirance beand laufullie arreistit, and the persewaris 
aith, with xj s. iiij d. expenses, and ordanes the officer to 
poind for the samyn. 



The baillie court of the regalite of Melrose haldin thairat 
be Dene Jhone Watsone, etc., the penult of Junii 
1608. 

The quhilk day Nicholl Andersone in Lessuddane is 
decemeit to pay to Robert Hunter thair vij 1. xiij s. iiij d. as 
for the price of ane boll of quheit coft and resaveit be him 
fra the said compliner, and that in respect of the non 
compeirance of the said deffender ; quhairupone the said 
Robert tuik actis. 

The quhilk day Nicholl Andersone is decerneit to pay 
to Jhone Ritchesone in Lessuddane the soume of xj I. 
as for the price of ane meir as det acceptit be him for 
Williame Ker in Newtoune, in respect of his non-com- 
peirance. 

The quhilk day the said Nicholl is decerneit to pay to 
David Ganstoune for five firlots quheit price of the boll 
vij I. in respect foirsaid. 

The quhilk day Quhintein Scot in Galtounsyd is decerneit 
to pay to Kathreine Ker, relict of umquhile Robert Ker 
in Melrose, and James Hunter hir spous for his intres, 
for xj hogis resaveit be him in keiping and nocht re- 
deliverit, price of the peice , and that in respect of 

his nocht compeirance and act maid heirtofoire that he 
sould be haldin pro confesso gif he compeirit nocht this 
day ; quhairupone James Hunter requireit actis. 

The baillie court of the regalite of Melrose haldin thairat 
be Walter Chisholme of that Ilk and Dene Jhone 
Watsone, bailie deputis, etc., the xiiij of July 1608. 

The quhilk day Robert Howbroune in Newtoune is 
decerneit to pay to Jonnet Myles thair for tua bollis malt 
xvj 1. betuix and Mertimes nixt, in respect of his confes- 
sioune of the resset of the samein. 



72 MELROSE REGALITY RECORDS 

■ Fyleit.' Ane tuilze gevein up be Androw Wallace maid be James 

Edgar with umquhile Robert Nicholl, 

Tua forcementis gevein up be him maid to Hob Maben, 
burla officer, be Androw Davidsone. 

Ane tuilze gevein up be him maid be Mungow Donald- 
sone with Jhone Linlithgow and ane uther with Dave 
Wrycht. 

Ane tuilze gevein up be David Gaustoune maid betuix 
Androw Stoddert in Lessuddane and Will Purves. 
■Fyleit.' Ane brail gevein up be Androw Wallace maid be Hob 

Hetoune in Darnik to Androw Hetoune in Newtoun. 

Ane bluid allegeit drawin be Hew Hardie in Blainslie 
upone Peter Darling, wrycht. [In margin:] Hew Harde 
fylit in ane bluid and wrang ; Peter fylit in ane bluid. 

Ane brail betuix Jane Maben and Jhone Nobill. 

Ane brail maid be Hob Hetoune to Androw Hetoun [sic]. 

Ane brail betuix George Glen and James Guithre. 

The baillie court of the regalite of Melrose haldin thairat 
be Walter Chisholm of that Ilk and Dene Jhone 
Watsone, bailie deputis, etc., the xxj of July 1608. 

Compeirit Thomas Lyall in Blainslie and confessit in 
nam of the possessione [?] of Blainslie that the thre landis 
of Blainsle pertening to William Hunter sould serve [?] to 
have ane sixtene parteis liberte in pastureing throw the 
landis of Blainslie, quhairupon the said William requyreit 
actis. 

The quhilk day Jhone Hunter, messenger, is decerneit 
to pay to Mungow Andersone in Newtoune xl I. money as 
catiounear for Androw Hetoun thair, in respect of his 
confessioune, quha protestit for releiff, quhilk the juge 
admittit. 

Inqueist : — Alexander Andersone, Mungow Andersone, 
Thomas Trotter, George Eles, Michaell Fischear, Thomas 
Lyall, Alane Sweinhous, Robert Hall, James Hall, Jhon 
Swinhous, Thomas Mar, Androw Darling, Bernard Mein, 
George Romainis, Jhon Notman, William Moffet, Philp 
Darling. 



REFERENCE— HARDIE AND DARLING 73 

Compeirit Hew Hardie in Blainslie and gave assuirance 
to Peter Darling, wrycht, quhill this day xv dayes to be 
unhurt be him or any in his cause assistaris kin, freinds, 
allay, parte, and partaikaris, under the pane of j m merkis, 
and fand Jhone Stirling catioune to that effect, quha 
oblissit him to releve his said cationer. 

The said Peter Darling grantit the lik assuirance and 
fand Andro Darling, younger, catioune under the lik pane. 



The bailie court of the regalite of Melrose haldin thairat 
be Walter Chisholm of that Ilk and Dene Jhone 
Watsone, the thrid of August 1608. 

The quhilk day Jhone Donaldsone in Melrose is decerneit 
to pay to Jhone Bowar vij 1. money as for furnishing of 
necessars to him, in respect of his absens and persewaris 
aith. 

The quhilk day Willie Cairter in Colmeslie is decerneit 
to pay to Jhone Tumour in Langschaw for ane boll beir 
crop 1606 according to the liquidatioune, in respect of 
the persewaris aith gevein. 

The quhilk day Gawen Mertoune is decerneit to pay 
to Jhone Bell in Redpeth iiij 1. money, and absolvis him of 
iij 1. iiij s., in respect of the deffenders absens. 

[Inquest: — ] Alexander Andersone, Watte Eleis, Thom 
Trotter, Androw Stoddert, Alexander Trotter, James 
Stoddert, Bernard Mein, Jhone Hetoune, Androw Bous- 
toune, Nicholl Bower, Richart Sclaitter, Thomas Mar, 
Androw Kennedie, Wille Darling, Richert Mein. 

The quhilk day Sande Andersone became catioune for 
entring of Hew Hardie, under v c [sic]. 

The quhilk day it is submittit betuix Hew Hardie and 
Peter Darling to stand to the decisione of Alane Swinhous 
and Jhon Bell for Hew Hard.e and of Berne Mein and 
George Romanis for Peter Darling anent all actionis 
betuix thame preceiding the dait heirof and in caice of 
variance of Mr. Jhone Ker as oversman, the daismen to 
decerne betuix and our Latter Laidy day and the oversman 
betuix and Michaelmas ; the saidis parteis requireit actis. 



74 MELROSE REGALITY RECORDS 

Ane tuilze gevein up comittit be Hob Younge aganeist 
James Edgar. 

The inqueist fyles Roulf Haliburtone in ane brail for 
striking of Jhone Finla, in respect he hes bein oft tymes 
sumound and nocht compeirand and laufull tym of day 
past. 

The quhilk day Daud Gaustoune gaif up ane tuilze 
maid be Androw Stoddert with Wille Purves in Lessuddane. 

The quhilk day Androw Stoddert in Lessuddane is fyleit 
in ane brail maid in striking of "Wille Purves. 

The quhilk day Mungow Donaldsone is decerneit in ane 
wrange and ane brail, and Jhone Lythgow in ane brail. 

The quhilk day William Boustoune in Galtounsyd is 
decerneit to pay to Jhone Broune thair x t. vij s., in respect 
he hes proven the same. 

The quhilk day Thomas Trotter is decerneit to pay to 
Alexander Andersone xlviij 1. as cationar for his sone 
George Trotter, in respect he hes provein the same. 

The bailie court haldin at Melrose the xi of August 1608 
by Dene Jhone Watsone. 

The quhilk day anent the actioun and caus conteinit 
in the lybell intentit and persewit be Jhoune Rodger and 
Jhone Bell in Reidpeth against George Trotter thair, 
makand mentioun thairintill that the said George Trotter 
moveit the saidis compleinaris to become cautioneris and 
souerteis conjunctlie and severallie for him for payment 
to the said Robert of the soume of ane hundreth and ten 
pundis money as principall debt contenit in ane obliga- 
tioun maid thairupone quhilk sould have bein payet at 
Mertimes last in anno 1607 yeiris, and in caice of failyie the 
soume of as for expenses to be debuirset for regis- 

tratting of the said obligatioun, the quhilk terme being 
bypast and na payment maid to the said Robert Trotter, 
the said George Trotter principall will on na wayis releif 
his cautioneris foirsaidis without he be compellit, as is 
alledgeit. The saidis compleinares comperand diverse 
tymes in judgment, and the defender forsaid beand 



STATUTE REGARDING GIPSIES 75 

sumound oft and diverse tymes to heir justice ministrat 
in the said caus and not compeirand, and beand this day 
ordanet to compeir utherwayes to be decerneit to releif 
the debtores forsaids, quha not compeirand as of befoir, 
in respect quhairof the judge decernes and ordanes the 
said George Trotter to content and pay to the saids com- 
pleinares the forsaid soume of ane hundreth and ten 
pundis money principall debt and expenses foirsaidis 
contenit in the said obligatioune, togidder with the soume 
of xxvj s viij d expenses deburset in persut of the said 
cause, and ordanes the officer to arreist, poind, strenzie, 
and compryse the reddiest guids, geir, insycht comes, cattell, 
or lands pertening to the said George and mak the com- 
pleinar to be payeit thairwith within terme of law ; quhair- 
upone thay requyret actis of court. 

The baillie court of the regalite of Melrose haldin 
thairat be Walter, Lord of Bukcleuch, baillie 
principall of the said regalite, and be Walter Chis- 
holme of that Ilk, and Dene Jhone Watsone, his 
deputis, the xxiiij of October 1608. 

The quhilk day it is statuit and ordaineit that na 
persone within the regalite of Melrose resset any of the 
Egiptianes in na tyme heirafter under the pan of [sic] 
conteinit in the actis of Parliament, and xl t. to the baillie, 
and ordanes the officer under his wand quhen thai cum 
to charge the nychtbours to assist him and thairefter 
expell the said Egiptianes, and in caice thai failze under 
the pane to be payit be the disobeyar. 

The baillie court of the regalite of Melrose haldin 
thairat be Walter Chisholme of that Ilk and Dene 
Jhone Watsone, baillie deputis of the said regalite 
laufullie constituit, and with thame Willame 
Cairincroce of Colmislie, Jhone Pringill of Buk- 
holme, John Horn in Williamlaw, and John Hali- 
burton of Murhouslaw, the fift of November 1608. 

The quhilk day anent the baillie cariag addebtit yeirlie 



76 MELROSE REGALITY RECORDS 

to the said Walter, Lord Scot of Bukcleuch, and his aires, 
be the haill tennents and occupyars of the tounes and 
lands respective efter following lyand within the said 
regalitie and barronie of Melrose, quhilk hes not beiri 
heirtofoir sua ordourlie set doun and ordourlie payit as 
reason requyrs, for remeid thairof the saidis bailies deputs 
and thair assistares foirsaids hes deduiceit and set doun 
this ordour and number of cariages underwrittin to be 
payit yeirlie to his Lordship and his aires in all tymes 
cumeing, everie toun and sowme efter mentionat, viz., 
Lessuddane, xxxj ; Newtoun, xviij ; Eildoun, xij ; New- 
steid, xx ; Dainzeltone, viij ; Dernik and Brigend, xxiiij ; 
Appiltreleves and Langhauch, vj ; Galtonsyd and West- 
houses, xxiiij ; Reidpeth, vj ; Blainslies, xviij ; Mos- 
housses, iiij ; Threipwod and Newhouses, v ; Erlestoun, 
xij ; Camistone, iiij ; Melrose not beand in use is deferit 
to my Lord his presens ; Maxpoppell and Plewalands in 
lyk maner. 

The samyn day efter the deduiceing the number of the 
saids cariages the baillies and assistars foirsaids hes statuit 
and ordenit that everie toun and rowme abon nameit pay 
yeirlie the number above expressit everie persone, fewares 
within the samyn and kyndlie tennents proportionallie 
according to thair occupatiounes and haldings, the greatest 
sowmes contribuiting with the leist quhill the number 
be compleitit, and that the persone failyeand quhatsum- 
ever thairof salbe immediatle poyndit pro rata imme- 
diatlie efter his failyie to furnish out the cariag unpayit 
haillie and compleitle ; and that everie officer sail gif in 
sufficient compt yeirlie of the number under his wand, 
under the paine of the lose of his office and credeitthairefter. 

The bailie court haldin at Melrose be Walter Chisholme 
of that Ilk and Dene Jhon Watsone, bailie deputis, 
etc., the xvj of November 1608. 

The quhilk day it is statuit and ordaineit that na 
persone induellar in Melrose and Dainzeltone sail hadder 
within the bounds of Bowden under the pan of xiiij s. 



STATUTE REGARDING CHURCH ATTENDANCE 77 

iiij d. toties quoties, and ordains the officer to wairn thame 
to that effect. 

The quhilk day it is statuit and ordaineit that na 
persone induellar in the Heland in Melroseland byd fra 
the kirk of Melrose on Sonday or bapteissis any bairnis 
or bureis any deid or makis mariages out of Melrose, 
under the pane of xl s. toties quoties. 

Absentes. Lessuddane : — James Unes, David Jame- 
son, James Kyle, Thomas Unes, Thomas Hunter, Robert 
Brydin, Walter Gibsone, Andrew Stoddert, Michaell Gib 
[deleted], Robert Hunter, Thomas Kyle, Hill, Wille 
Riddell, James Dennestoun. Eildone and Newtoun : — 
Thomas Myles, Nicholl Couchrane [deleted], Thomas Coit 
[deleted], Jhone Haiste [deleted], Jhon Chisholme. New- 
steid : — Thomas Wilsone [deleted], Thom Mar. Melrose 
and Dainzeltoune : — William Ker, Alexander Rogear, 
Raulf Haliburtoune, William Edgar. Galtounsyd : — 
Sande Barnie [?] [deleted]. Dernik, Brigend, Blainslie, 
Moshouses : — George Pringle of Blindlie, William Hunter, 
James Hunter, Jhone Romanis, Adame Derling, George 
Romanus, Edward Derling, Jhone Stirling, Robert Hall, 
Thomas Lyall, George Davidsone, Charles Pringle, George 
Gray in Braidwodscheill, William Scheill, William Dewar, 
James Moffet, Jhone Moffet, Robert Hall, Jhone Hoye 
of Colmslihill, Jhone Pringle of Bukholm, Nicholl Cairn- 
croce, younger, Jhon Spottiswoid, Philp Derling, Androw 
Derling, elder, Sir Jhon Home, Androw Home. 

Inqueist : — Michaell Fischear, William Andersone, Jhon 
Notman, Jhon Hetoune, Robert Wallace, Bernard Mein, 
Jhone Mar, Androw Sclaitter, Walter Eleis, Thomas 
Trotter, Williame Ker, Jhone Andersone, Quhintein 
Thomsone, Androw Boustoune, Nicholl Merser. 

The quhilk day it is statuit and ordaineit that quhat 
persone the kirk clerk sumoundis to compeir beffoir the 
minister and elders, gif thai cum nocht at the first it 
sail cost thame xj s., and ordanes the officer to poind for 
the same. 

The quhilk day Androw Stoddert and James Unes 
compeirand in jugement beffoir the court raise and 



78 MELROSE REGALITY RECORDS 

protestit that thai sould nocht be onlait, and in name 
of the rest tuik actis. 

The quhilk day it is submittit betuix Thomas Mar, 
younger in Newsteid, on the ane pairt, and Barnard Mein 
thair on the uther pairt, to stand to the decisioun of 
James Stodert in Lessudden, Johne Andersone, elder, in 
Newtoun, Williame Edgar in Melrose, and David Wycht 
there, and in caice of wariance of Mr. Johne Knox, 
minister at Melrose, as oversman, anent the marcheing of 
the hie gait betwixt Coit burne and Aikedenburne, and 
thair contraventiounis raisit be them against uthers in 
speciall, and generalie anent all uther contraverseis and 
debaitis amangst them preceiding the dait heirof, and 
they to decerne betuixt and Candelmes nixt ; the saidis 
parteis requyrit act of court. 



The baillie court of the regalite of Melrose haldin 
thairat be Walter Chisholme of that Ilk and Dene 
Jhone Watsone, bailie deputis, etc., the xxj of 
December 1608. 

The quhilk day James Cairncroce, procurator in name 
of Schir Gedeane Murray, produceit ane sumoundis raiseit 
againest Michaell Diksone, Jhon Morray, Jhone Fogo, 
Adam Derling, for certain cornis tuikin out of his thirle. 
Compeirit Adam Derling and cam in will to the com- 
plainer, and ordanis the rest to be sumound presentle 
agane the nixt court to heir sentence pronunceit. 

Registration at Melrose, 20th January 1609, of Bond 
by William Wrycht in Galtonsyd, with consent of David 
Wrycht, his father, to Robert Halliwell there for 57 
merks 6s. 8d. of borrowed money, to be repaid by 8th 
March 1608, otherwise to infeft him in their half acre in 
the lands called the Coit yairds within the bounds of 
Galtonsyd, under reversion, to be held of them for Id. 
yearly, with the maills and duties payable to the superior ; 
and if they fail, to pay 10 1. expenses. John Hunter, 
messenger, is procurator for registration. The bond, 
written by John Hunter, notary, is dated at Melrose, 



PROTEST BY ELESTOUNE TENANTS 79 

8th March 1607 ; witnesses, William Mabane in Melrose, 
George Boustoun in Galtonsyd, and Quentin Mertoun 
there. 

The bailie court haldin at Melrose the first [deleted] 
vij of Februar the yeir of God 1609. 

Compeirit the tennentis of Elestoune and protestit for 
thair expenses beffoir thai be callit be William Cairncroc 
of Colmislie and his subtennentis in the actioun of thirle 
intentit be him aganest thame, in respect thai ar arreistit 
and nocht callit, and thairupoun tuik actis. 

Jhon Kyle protestit the lik. 

The baillie court of the regalite of Melrose haldin thairat 
be Dene Jhone Watsone the xxij of Februar 1609. 

The quhilk day Patrik Halliuell in Galtonsyd is decernit 
to pay to William Murray, brother germane to Sir Johnne 
Murray of Etilstoun, knycht, for thre bollis tua furlottis 
ane pek ij cop full cherreitit ferme beir of the crop last 1607 
for his landis in Galtonsyd possessit be him, pryce of the 
boll vij ii., summa xxv ii. iij s., in respect he hes rycht of the 
said ferme and of the defendaris confessioun, and for tua 
lang cariages xxvj s. viij d. crop foirsaid, togidder with 
xxvj s. viij d. as expenses debuirsit in persuit thairof. 

The baillie court of the regalite of Melrose haldin thairat 
be Dene Jhone Watsone, the viij of Marche 1609. 

The quhilk day anent the actioun and caus persewit be 
Williame Halliuell, wobster in Eilleistoun, against Georg 
Turnbull, makand mentioun in his lybell that he in the 
moneth of December in anno 1607 borrowit and reseavit 
fra the said Williame certaine beir comptit and reknit to 
xv li. money, and for the samyn he enterit the compleinar 
to ane rig of his land lyand in the landis callit the Bank 
within the boundis of Elleistoun, etc., quhilk rig he pos- 
sessit sew, schuir, and led away the last yeir, and the tyme 
of the taking thairof he promissit to mak him ane sum- 



80 MELROSE REGALITY RECORDS 

cient wodset tak to be haldin dewtie fre for thre yeiris 
efter his entrie forsaid and thre efter thir quhill the laufull 
redemptioun thairof, and to teill the samyn frelie duiring 
the said spaice, and alledgit that the said Georg will not 
keip his condisioun in the premissis without he be com- 
pellit : The saidis partes compeirand in judgment per- 
sonale the defender confessit the pointis of the clame, in 
respect quhairof the judge decernis him to fulfill the haill 
condisiounes abonacclamit, and to teill the land betuixt 
and the tuentie day of this moneth, and to pay to the com- 
pleanar the soume of xxvj s. viij d. expenses debuirsit in 
the said caus, and efter the ische of the tuentie dayis 
ordanes the officer to put him in possessioun of the said 
rig, and to poind for the expenses, quhairupone the said 
Williame requyrit actis. 

The baillie court haldin at Melrose the xv of Marche 
1609. 

Compeirit Kathrein Derling and hir sonis in actioune 
of removeing persewit be Androw Derling aganest thame, 
and allegeis na proces aucht to be gevein in respect it is 
feriat and close tyme. 

It is ansuerit be the persewar and sayis the fermer 
allegeance aucht to be repellit in respect bailies, schirefs, 
or juges is nocht incluseit within the feriot tyme, 

and desyrit the juge to proceid and gif interloquutor. 

The juge ordaneis the deffenders to gif in thair laufull 
defenses the nixt heid court, and thame to be wairneit 
laufulle thairto. 



The baillie court of the regalite of Melrose haldin thairat 
be Jhone Watsone, etc., the xvij of May 1609. 

The quhilk day Androw Derling, persewar foirsaid, for 
instructioune of his wairning and sumoundis raiseit thair- 
upone produiceit ane infeftment of the thrid of the landis 
of Apiltreleves and Langhauche of the dait the xxvij of 
December 1597, and desyrit proces. 



REMOVING— DARLING v. DARLING 81 

The juge ordaneis the deffenders to have inspectioune 
of the peices produiceit to gif in thair laufull defences 
thairto the last of May instant, parteis wairneit apud acta. 

The quhilk day Hew Somervell fand Wille Andersone 
catioun to be ansuerabill to the tennents of Redpeth and 
louseit the arreistment. 

The baillie court of the regalite of Melrose haldin thairat 
be Walter Chisholme of that Ilk and Dene Jhone 
Watsone, etc., the last of May 1609. 

Compeirit the saidis Kathrein Derling and produiceit 
the peices foirsaid and desyrit the precept of wairning 
with the executions thairof to be red in plane court, quhilk 
being done the deffenders acceptit the wairning with the 
executiones thairof in sua far as thai maik for thame, and 
for deffence allegeis thay aucht nocht to be decerneit to 
remove becaus the precept is unlaufullie execuit seing it 
is nocht execuit on ane Sonday and fourte dayis preceid- 
ing the feist of Witsonday, in sua far as it is execuit on the 
xj of Aprile quhilk is Setterday, and desyrit the precept 
to be markit as it is daitit on the xj of Aprile 1607. 

It is ansuerit be the persewar and sayis the wairning 
is laufulle useit and gif thair be na [sic] informalite in the 
executioun it is in the writting, and protestis for reforma- 
tione thairof gif any error be, and desiris interloquutor. 

The juge continewis interloquutor to be pronunceit 
this day xv dayis, parte wairneit apud acta. 

And in the meintyme efter interloquutor is pronunceit 
the deffenders protestit gif neid beis thai mycht be hard 
to gif in thair laufull deffences aganest the principall 
cause. 

The baillie court of the regalite of Melrose haldin thairat 
be Walter Chissolme of that Ilk, etc., the xiiij of 
Junii 1609. 

The quhilk day the juge continewis the interloquutor 
foirsaid to this day xx dayis, parteis wairnet thairto apud 
acta. 



82 MELROSE REGALITY RECORDS 

The quhilk day it is statuit and ordaineit that all the 
houshaldars in the parochin of Melrose pay yeirlie to the 
clerk xvj d. and ordanes the officers to poind for the same. 
Jhone Williamson requyreit act. 

The baillie court of the regalite of Melrose haldin thairat 
be Dene Jhone Watsone the xvij of Junii 1609. 

The quhilk day Jhone Haiste is condempnit for brecking 
of the act maid be my Lord of Bukcleuch anent selling 
of victuell out of Melrose and nocht presentand the mercat 
with the samin, in respect he wald nocht gif his aith that 
he had kepit the said act. 

The quhilk day it is statuit and ordaineit that all women 
defameit and unhonest salbe haldin to pas out of the toune 
of Melrose within aucht dayis, and quhat persone sail 
happin to resset thame it sail cost thame v li immediatle 
efter the ische of the aucht dayis. 

\A leaf at the end of the volume contains the following :] 
Lands of Alexander Cranston of Moreiston. 

Moreiston. 

Few granted be the Abbot, etc., 1550. Never confermed. 

Thair is ane precept (gevin be my Lord of Haddingtoun 
his commissioners) of dare constat for geving of seasing 
to Alexander Cranston as air to Mr. Thomas Cranston his 
father. Quae.ro, If the commissioners having power to 
geive precepts of dare constat may prejuge the Vicout in 
the right of the lands, seing thay had na power to annalie 
name of the lands. 

Some process of confirmation be vertew of ane generall 
commission direct to Mr. Jhon Thorneton, wantis the 
commission, as Ardmillans confirmation daited 6 Nonas 
Octobris 4°, Pauli 3 1 , of ane 5 1. 9 s. 4 d. land of Beanches, 
Litle Smeiston, Pereiston, and Knokfenton. 

When Ardmillan produced at the first he produced 
nothing for ane thrie lib. land of Platcorway bott allanerlie 
the Papes confirmation thairof, ane chairtour gevin be 
Andro, Commendatair, 1535, and ane precept of dare 



EXAMINATION OF TITLES 83 

constat gevin be Michael, etc., without aine seasing. Att 
the first calling he gat ane day to produce ane protocoll, 
bot at the day he hes produced ane chairtour gevin be the 
said Andro, ane precept of seasing whilk doeth appeire 
authentique eneuch, bot no seasing thairupon bot allanerlie 
ane seasing gevin upon Michael, Commendator of Melrose, 
his precept under the note of James Ross. 

William Cairnecorse, younger of Calfhill, his evidents 
wer brunt, of the fragments quhairof thair is onlie twa 
chairtours of confirmation under the great seil of the twa 
halfis of Ladopmure. Thir landis are nominatim exprest 
in my Lord Ramsays chairtour bot onlie the milne of 
Ladopmure. 

Scot of Harden produces ane chairtour of confirmation 
of the landis of Langhoupe disponed to him be the last 
commendatair as fewer, and of ane other chairtour 
granted to him be Mr. Jhon Home of the landis of Over 
and Nether Clifhoupis, Quhytekirk and Quhyteland, 
Ermscleuch and Abbotissykes in Liddisdaile, lyand in 
within the schirefdome of Edinburgh, to be 
haldin of his Majestie superior be vertew of the act of 
annexatioun. Qua.ro, If thir landis perteinit to the Abbot 
of Melrose, and what right Mr. Jhon Home had thairto. 

Qucero, If the Kingis confirmation befoir the Papis 
authorietie was abrogat was eequivalent to the Papis con- 
firmation. Of this kynd is the confirmation of the few 
of the landis of Drygrainge in anno 1539, produced be 
Coldenknowis. 

If this confirmation be not fund sufficient, qucero secundo, 
If Lithgow who was the first fewers chairtour to be haldin 
of the King maid to Bruntfield being confirmed be the 
King with ane general grant of all right, wilbe thoght ane 
sufficient confirmation of the few. 

The few of Newton milne set to William Cairnecross of 
Colmislie hes na seasing produced, bot ane rolment of court 
beiring that the seasing was recognost in the notairs books. 

If this seasing be not good, Qucero, If the yconomus 
precept of dare constat without the convent, and seasing 
following thairupon, may supplie the same. 



84 MELROSE REGALITY RECORDS 

Cairnecrose of Colmislie hes allanerlie ane precept and 
seasing of his 8 li. land of Colmislie, and ane few uncon- 
fermed of the Westsyde of Housbyer, Langlie, and the 
croft called Cellararishauch ; qucero, If upon his resigna- 
tion of thir landis as perteining to him with ane de novo 
damns without mention of the Kings right acquyred to 
his Majestie be the act of annexation may not be querrelled 
propter obreptionem. Thair is some argument for the not 
confirmation becaus the de novo damns dispensis thairwith. 

Ane husband land in Ridpeth possest be William 
Anderson set for payment of 22 s. 4 d., be ane auld chairtour 
wanting the conventis consent and not confermed, is set 
of new be the King 1587 for 20 s., 3 poultrie, and 12 d., in 
augmentation ; sic est diminutio of 16 d. 

[Some blank leaves end the volume.] 



MELROSE REGALITY 
REGISTER OF DEEDS, 1641 to 1651 1 

Abstracts 

1641, February 15. — Registration [at Melrose] of Bond 
by William Smyth in Moshousses to John Scheill, elder, 
maltman in Ersiltoune, for 37 1. 6 s. 8 d. Scots, borrowed 
money, repayable before 1st Nov. 1640, with 8 I. of 
penalty in case of failure so to do. John Edgar, officer in 
Melrose, is appointed procurator for registration. The 
bond, written by Andrew Edmistoune, notary in Lawder, 
is dated at Ersiltoune, 14 Feb. 1640 ; witnesses, John 
Scheill, younger, in Ersiltoune, and James Edmistoune, 
son of the said Andrew. The writer signs for the granter. 

1641, March 24. — Registration of Letters of Inhibition 
directed to William Wallace, messenger, at the instance 
of Francis Scott of Castellside against Gavin Cesfuird 
in Westhouses, and William Cesfuird, his eldest lawful 
son, who granted Bond on 10 Jan. 1637 to him for 100 I. 
Scots with 20 1. of penalty, and also entered into a Con- 
tract with him on 20 July 1637 for a five years' tack to 
them of ' his nyne aikers of land half aiker of lands teind 
scheaves includit their haile parts and pertinents of all 
sorts and kynds houses yairds toftis croftis all lyand 
runrige throw the toune and landis of Gattounsyde and 
Westhouses, than possest be William Wright, smith in 
Gattonside,' for payment to him yearly of nine bolls of 
victual, viz., 4 bolls 2 firlots meal and the same of malt, 
old measure of Jedburgh, the first payment to be between 
Yule 1638 and Candlemas 1639, carrying the victual at 
their own charges to his house of Castellside, and relieving 

1 To prevent repetition from this point the entries in this volume are abstracts 

only of the Bonds and other writs. 

85 



86 MELROSE REGALITY RECORDS 

him at the hands of the superior of the whole feu-duties, 
stents and taxations during the tack ; but they intend 
to defraud him. Edinburgh, 20 Feb. 1641.— 22 March 
1641, William Wallace, messenger, executed the letters 
against Gavin Cesfuird, personally apprehended ; wit- 
nesses, Robert Ormstoune, son of Andrew Ormstoune in 
Westhouses, and William Meine tailor there.— Same day, at 
merket cross of Melrose, made intimation of the letters ; 
witnesses, John Wallace, younger, smith in Melrose, and 
George Wallace, son of James Wallace, hostler there. — 
23 March, at market cross of Jedburgh ; witnesses, George 
Donnald, merchant burgess of Jedburgh, and Gilbert Ker 
in Melrose. 

1641, April 3. — Registration of Bond by James Cesfoord, 
eldest lawful son and apparent heir of Gavin Cesfuird, 
portioner of Westhouses, to George Bertone, ' chopman ' 
in Gatounside, for 100 merks of borrowed money, for 
repayment of which Gavin Cesford his father becomes 
cautioner, with 10 I. of penalty, and in further security 
they oblige themselves to infeft Bertone in ' that tenne- 
ment and onsteid of houses with the yaird therto adjacent, 
viccarage teynds, all lyand at the eistend and tounheid of 
the said toune of Westhouses,' for a year's crop and so 
forth each term and crop until payment, and they assign 
to him four bolls of ferm victual addebted to them by 
James Mertoune in Westhouses as the duty of four acres 
of land of theirs possessed by him this year 1640, viz., 
2 bolls oatmeal and 2 bolls malt, old Jedburgh measure, 
this to be allowed as part payment of the 100 merks. 
There is a clause of relief, and Andrew Tunno is ap- 
pointed procurator for registration. The bond is written 
by Andrew Tunno, younger, and dated at Melrose, 
21 Jan. 1640 ; witnesses, James Boustoune, chapman in 
Gatounsid, Robert Meine, son of Andrew Meine, cordiner 
in Melrose, John Suanstoune in Bouden, and the writer. 

1641, April 8. — Registration of Bond by William 
Loukup, wright in Melrose, to Bessie Darling, lawful 



BOND— CAIRNCROSS TO KNOX 87 

daughter of the deceased William Darling, portioner of 
Darnick, for 26 1. 13 s. 4 d. Scots, to be paid at Whit. 1639 
under penalty of 5 merks ; with clause of registration. 
The Bond is written by Andrew Tunno, and dated at 
Melrose 27 May 1638 ; witnesses, Andrew Kennedie, 
partioner of Dernick, John Walker, servitor to the said 
William, and the writer. 

1641, April 18. — Registration of Bond by William 
Lamb, portioner of Yeildoun, to Katherine Bannentine, 
widow of James Lourie in Coldscheills, for 24 I. Scots as 
the price of a cow with her calf, bought by him from her, 
to be paid by Mart. 1640, otherwise she may come and 
take back the goods, and also subject to 10 merks of 
penalty, and the due interest. John Edgar is appointed 
to register. The bond is dated at Melrose, 15 Feb. 1640 ; 
witnesses, Robert Tod in Faughhill, Andrew Tunno, 
notary in Melrose, Andrew Tunno, younger, his son, 
writer hereof, and John Lourie there. 

1641, May 3. — Registration of Bond by Nicol Cairn- 
crose of Calfhill to Rachel Knox, lawful daughter of the 
deceased Mr. John Knox, sometime minister at Melrose, 
for 400 merks of borrowed money, and eight merks of 
interest, for repayment of which James and William 
Cairncrose, his lawful sons, are cautioners, under 40 1, 
of penalty ; with clause of relief, and appointing John 
Edgar, officer in Melrose, to register. The bond is written 
by William Walace, notary public in Melrose, and dated 
at Melrose, 3 July 1637 ; witnesses, Mr. Thomas Ker, 
portioner of Melrose, James Wallace, hostler there, 
Alexander Ealis in Melrose, and John Bower, elder, 
there. William Wallace and Andrew Tunno, notaries, 
sign for the granter. 

1641, August 9. — Registration of Bond by Thomas 
Myles, indweller in Moxpople, to John Bell, weaver in 
Melrose, for 110 1. Scots ; and that for ane letter off 
assignatioun to be given to him in perfeit forme and that 



88 MELROSE REGALITY RECORDS 

for ane tennement and onsteid of houses and yaird thereto 
adjacent maid to me -be William Lard in Newtoune,' 
100 merks thereof to be paid at Whit. 1641 and 43 I. 6 s. 8 d. 
to be paid on 7th July 1641, called St. Boswells day ; 
with 8 I. of penalty for each term's default. John Edgar 
is empowered to register the deed. The bond is written 
by Andrew Tunno, notary, and dated at Melrose, 8 June 
1641 ; witnesses, Walter Ealis, son of George Ealis in 
Danieltoun, and Thomas Loukup, wright in Melrose. 

1641, August 21. — Registration of Bond by James 
Bryden, portioner of Ellasudden [sic], to Patrick Riddell 
in St. Booswells for 55 merks of borrowed money, with 
10 merks of penalty. John Edgar is empowered to 
register. The bond is dated at Ellasudden, 31 May 1636 ; 
witnesses, Thomas Kyle called Young Thomas in Ella- 
sudden, Andrew Tunno, notary in Melrose [writer hereof], 
and Andrew Tunno his son. 

1641, September 11. — Registration of Bond by George 
Turner in Langschawmylve x to Nicol Cairncrose, lawful 
son of Nicol Cairncrose of Hillslope, for 43 1. 12 s. Scots as 
the price of good and sufficient oats receiven from him, 
with 10 merks of penalty. The cautioner's name is 
blank ; Thomas Alen, in Jedburgh, is appointed to 
register. The bond, written by Mr. John Angus, notary 
in Selkirk, is dated at Selkirk and 22nd and 

May 1640 ; the only witnesses given are 
David Peter, commissary depute of Peebles, and one 
who signs ' Ro* Oglvie.' 

1641, September 11. — Registration of Bond by George 
Turner in Langschaw to Robert Freir, portioner of 
Gattounsid, for 65 1. Scots of borrowed money, to be 
repaid at Hallowmas 1639, with 8 merks of penalty. 
Thomas Aiken [? Ailen] in Jedburgh is appointed pro- 
curator for registration. The bond, written by John 



1 This is a not infrequent spelling of mylne in some of these registers. 



BOND— LAMB TO TURNER 89 

Turmo, son of Andrew Tunno, notary in Melrose, is dated 
at Melrose, 28 April 1639 ; witnesses, Andrew Sclater, 
portioner in Newsteid, John Williamson, beadle in 
Melrose, and the said John Tunno. 

1641, September 29. — Registration of Bond by William 
Lambe, portioner of Eildoune, to Andrew Tunno, lawful 
son of Andrew Tunno, notary in Melrose, for 17 I. Scots 
of borrowed money [penalty 4 1.]. John Tunno is appointed 
to register. The bond, written by Andrew Tunno, notary, 
is dated at Melrose, 20 Nov. 1639 ; witnesses, John Lourie 
in Melrose, Andrew Merser, servitor to the said Andrew 
Tunno, notary, and Robert Mein, son of Andrew Meane, 
cordiner there. 

1641, November 2. — Registration of Bond by Nicol 
Cairncrose, son of Nicol Cairncrose of Calfhill, and George 
Freir, indweller in Gallascheils, who have bought from the 
said Nicol Cairncrose of Calfhill ' ane hagge of wood callit 
the rest of the wood within the bounds of Calfhill,' to pay 
1300 merks as the price thereof, half at midsummer 1641 
and half at Michaelmas thereafter ; the said Nicol obliging 
himself not to trouble his son or George Freir * for cutting 
of the samyn the space of tua yeiris efter the dait heirof 
in caice the samyn canot be goten sauld nor disponit be 
them.' Peter Darling and Andrew Darling, portioner of 
Appelltrileives, are cautioners for the price, and 100 merks 
of penalty in case of default. James Scot, notary, writes 
the bond, which is dated at Galashiels, 29th April 1641 ; 
witnesses, James Cairncrose, apparent of Calfhill, and 
William Freir, son of George Freir in Galashiels. 

1641, November 14. — Registration of Bond by Thomas 
Gastoune in Lessudden to James Gastoun in Ellasudden 
for 73 I. 10 s. of borrowed money, repayable at Mart. 1635 ; 
penalty, 10 merks. Thomas Ailen in Jedburgh is authorised 
to register the bond, which is written by John Hunter, 
notary in Melrose, and dated at Melrose, 20th December 
1634 ; witnesses, Andrew Cooke in Melrose, and John 
Barrie there. 



90 MELROSE REGALITY RECORDS 

1642, January 20. — Registration of Rental, as follows : 
— ' Be it kend till all men be thir present letters, us, 
Andro Darling callit Eister Andro, and Andro Darling 
callit Waster Andro, portioners of Appelltrileives, and 
Peter Darling, son to the said Andro Darling callit Waster 
Andro, forsamickle as there being actiones and questions 
standing debaitabill betuixt us on the ane part and Andro 
Smith in Langhauch on the uther part anent the entring 
of the said Andro Smith in that part and portion of the 
lands of Appelltrileives presentlie possest be him efter 
we had been entered in the samyn be ane noble and 
potent earle, Thomas, Earle of Melrose, our imediat 
lawfull superior of the samyn, and anent the conditiones 
to be maid aither of us to uthers thairanent, now we 
haveing submited the said matters to the desisione of 
Mr. Alexander Hoome of St. Leonards, William Huntar 
of Williamlaw, and Hew Scott, sone to Walter Scott of 
Harden, judges chosen be us the saids Andro Darling 
callit Easter Androw and Andro Darling callit Waster 
Andro and Peter Darling, son to the said Andro Darling 
callit Wester Andro, and to John Pringle of Buckholme 
and John Hoom of Houletssconce and Michael Fischer, 
portioner of Darnick, as judges chosen for the part of the 
said Andro Smith, and to Mr. John Knox, minister at 
Melrose, as odds man and overs man comonlie chosen 
be us the saids parties, conforme to ane submission past 
betuixt us therupon of the dait the 10th day off July 
1622 yeirs, the said Mr. John Knox, oddsman forsaid, 
be his decreit arbitrall and finall sentence given and 
pronuncit be him upon the 9th day of September the said 
yeire, 1622, efter that the saids judges had divers meitings 
of the said matter and could not agree therupon, decerned 
and ordained us the said Andro Darling callit Eister 
Andro and Andro Darling callit Wester Andro and Peter 
Darling, son to the said Wester Andro, to make, subscrive, 
and deliver to the said Andro Smith ane sufficient rentall 
receiveing him and his aires kindlie tennents to somickel 
of the lands off Appelltrileives and Langhauch houses, 
yairds, and orchyairds with pasturages and meadows 



REFERENCE— DARLINGS AND SMITH 91 

bellonging therto as he presentlie possesses, and to enter 
the said Andro and his aires kindlie tennents therintill 
efter his decease, they payand to us the double of the 
yeirlie dutie underwrittin the first yeire of the rentall, and 
under the provisiones efter mentionat, as the said decreit 
arbitrall and submission forsaid quherupon the samyn 
proceedet registrat in the balieff court bookes of Melrose 
upon the 21 day of October 1622 yeirs att maire length 
is contained : For obedience of the quhilk decreit and 
alse for the soume of presentlie payit to [us] 

be the said Andro Smith in name of entrie, quherof wee 
grant the ressait be thir presents and discharges him his 
aires and executours therof, Witt ye us to have entered, 
rentalled, and received, lykas wee be the tenor heirof 
enters rentalls and receives the said Andro Smith kindlie 
tennant to us in sua mickle of the lands of Appeltrilives 
and Langhauch with the houses yairds orchyairds and 
meadows bellonging therto and that for all the dayes 
space yeirs and termeS of the said Andro Smith his liftime 
nixt following his entrie therto quhilk wase at Quhitsonday 
last bypast 1623 yeirs, and fra thenc furth to indure and 
to be peacablie bruiked labored and manured be the 
said Andro Smith dureing the forsaid space frielie quietlie 
weell and in peace bot any revocatione obstacle or againe 
calling quhatsomever, payand therfor yeirlie the said 
Andro Smith his aires and executors during the space 
forsaid the yeirlie duties efterspecifeit, ilk ane of us for 
our own parts as is efter devided, viz. to me the said 
Andro Darling callit Eister Andro ane bolle beire and 
tuo dayes schearing in harvest, on dayes work of a man 
and horse in aitseen tyme and another in bearsen tyme, 
and to us the said Andro Darling callit Wester Andro 
and Peter Darling his sone aucht schilling money, tuo 
dayes schearing in harvest, and a dayes work of a horse 
and a man in aitseed tyme and another in bearseed tyme ; 
and farther wee bind and obleiss us to enter the said 
Andro Smith his aires efter his decease kindlie tennants 
to us in sua mickle of the said lands of Appelltrilives and 
Langhauch as is presentlie possest be him, his saids aires 



92 MELROSE REGALITY RECORDS 

payand to us the double of the yeirlie dutie for the first 
yeir of their entrie therto, provyding that it sail not be 
leasum to the said tennents to sell annalie nor put away 
fra them nor their aires the said rowme presentlie possest 
be the said Andro Smith or any part therof without the 
speciall advice and consent of us their said masters socht 
and obtained therto, utherwayes their richts to fall, 
nevertheles it sail be leasum to the saids tennents to sett 
in tack and assedatioun the said rowme or ony part therof 
everie ane of them to ane uther without break of the 
forsaid provisione : And for the maire securitie, etc. and 
constituts John Edgar our irrevocabill procuratours, etc. 
In witnes quherof, writtin be William Wallace, servitor 
to John Ker, wryter to his Majesties signet, wee have 
subscryvit thir presents with our hands the 7th day of 
Agust 1623 yeires, beffor thir witnesses, James Pringle, 
feir of Buckholme, John Pringle his eldest laufull sone, 
Thomas Lithgow, portioner of Reidpeth, Alexander 
Wilkisone, and Mr. Robert Broune, schoolmaster att 
Melrose, connottorii [sic] therwith to the premisses.' 
[Signatures]. 

1642, March 5. — Registration of Bond by John Hounam 
in Bridgend to George Paterson, wright in Galashiels, for 
40 1. Scots of borrowed money, repayable at Michaelmas 
1641 ; penalty, 10 merks, John Edgar, in Melrose, is to 
register. The bond is written by William Wallace, notary 
in Melrose, and dated at Melrose, 8 Nov. 1640 ; witnesses, 
George and William Wallace, sons of James Wallace in 
Melrose. 

1642, March 19.— Registration of Bond by John 
Hounam in Bridgend of Melrose to William Halden in 
Lindeen for 21 I. 10 s. Scots, repayable by 24th June 
next ; penalty, 5 merks ; same procurator. The bond 
is written by Mr. William Watsone, notary in Selkirk, 
and dated at Selkirk, 1 Nov. 1638 ; witnesses, Andrew 
Muray, burgess of Selkirk, William Scott, officer there, 
and Richard Watson, natural son of dec. Peter Watson, 
merchant burgess of Selkirk. 



HORNING— BOUSTOUN v. ORMESTON 93 

1642, March 30. — Registration of Horning raised at the 
instance of James Bowstoun in Gattonsyde against 
William Ormestoun, second lawful son of William Ormes- 
toune, portioner of Westhouse, who by his Bond dated 
26th Nov. 1633 obliged himself to warrant and relieve the 
complainer of the payment of 1000 merks and the interest 
thereof, for which the complainer was cautioner for the 
said William Ormestoune, elder, to James Home in 
Hairieheuche, by paying the same to the complainer at 
the first term after the death of Robert Ormistoune, his 
goodsir, liferenter, or failing thereof to infeft the com- 
plainer in that part of lands called the Chalmeryaird 
and shot of land called the shot above the Gaitt, with the 
half of the duties and profits of the mill of Westhouses 
and half of the ferry coble and fishings of the water of 
Tweid, all then possessed by the said now deceased 
Robert Ormiston, lying within the town lands and territory 
of Westhouses and Galtonsyde, the complainer mean- 
while retaining possession of a piece of ground held by 
him in security for part of the annualrent, and receiving 
a boll of victual, Melrose measure, yearly, until the 
principal was paid or the complainer infeft in the lands ; 
also 100 merks of penalty ; and William Ormeston, elder, 
promised the complainer two bolls oats towards payment 
of the annualrent, beginning at Yule 1633. None of these 
promises are performed. The letters are directed to 
William Wallace and John Penman, and dated at Edin- 
burgh, 24 Nov. 1641.— On 30th Nov. 1641 William 
Wallace, messenger, charged William Ormeston, younger, 
as above, personally apprehended [with William Ormeston, 
elder] ; witnesses to William Ormiston, elder, Thomas 
Ormistone his brother, and William Wallace, son of 
James Wallace, hostler in Melrose ; to William Ormiston, 
younger, Hew Bell in Eisterlangley, and said William 
Wallace. — Also on 23 March 1642, at market cross of 
Melrose ; witnesses, John Edgar, officer in Melrose, 
Andrew Cuik there, and John Wallace, younger, smith 
there. — On 29th March 1642 John Penman, messenger, 
denounced the said William Ormiston, elder and younger, 



94 MELROSE REGALITY RECORDS 

at the market cross of Jedburgh ; witnesses, Robert 
Rutherfurd, notary, and James M'Ubrie, merchant, 
burgesses of Jedburgh. 

1642, April 9. — Registration of Bond by Robert Gray 
in Haukburne to Jean Dalbie in Farnihirstmore for 100 
merks, repayable to her, whom failing by decease, to 
David Stoddert her lawful brother, by Whit. 1638, and if 
still due at her death the granter is to pay the annual-rent 
therof to Jean Gray, her mother ; penalty 10 merks. 
Thomas Ailen, in Jedburgh, is to register. The bond is 
written by James Scott, notary, and dated at Stow, 
25 May 1637 ; witnesses, John Houatson in Wadistone, 
James Houatsone in Cribilaw, and the said James Scott. 

1642, May 8. — Registration of Bond by Bessie Rumannis 
in Blainslie to John Wood, burgess in Lauder, for 54 I. 
Scots, for repayment of which by 11th Nov. 1639 John 
Rumannis, burgees in Lauder, becomes cautioner ; penalty, 
10 1. John Edgar in Melrose is authorised to register the 
bond, which is written by Andrew Adamiston [sic], notary 
in Lauder, and dated at Lauder, 2 Feb. 1639 ; witnesses, 
George Wood, burgess in Lauder, James Admistoune, 
son of the said Andrew, and Patrick Wood, servitor to 
Lord Lautherdaile. 

1642, May 27. — Registration of Bond by William 
Wright, elder, smith in Gattonsid, to Agnes Blackie, 
eldest lawful daughter of George Blakie in Housbire, 
for 140 1. Scots, repayable by Whit. 1637 ; penalty 20 1. 
Same procurator. The bond is written by Thomas Ailen, 
notary, and dated at Melrose, 24 Jan. 1637 ; witnesses, 
Andrew Cook, portioner of Melrose, George Freir, portioner 
there, Thomas Freir his son, and Andrew Tunno, son of 
Andrew Tunno, notary in Melrose. Thomas Alan and 
Andrew Tunno, notaries, sign for the granter. 

1642, June 4. — Registration of Bond by Thomas 
Wright in Housbire, and Janet Govan his spouse, to 



BOND— DARLING TO HALLS 95 

Agnes and John Blackie, lawful children of dec. George 
Blackie in Housbire by the said Janet Govan, then his 
spouse, for 450 merks in satisfactioa to them of their 
portion and interest by their said father's death, equally 
between them, payable at the first term after either of 
them attains the age of ten years ; penalty, 50 1. Thomas 
Alen is to register. The bond, written by William Wallace, 
notary in Melrose, is dated at Melrose, 21 Feb. 1629 ; 
witnesses, James Pringle, fiar of Buckholme, Michael 
Fischer, portioner of Darnick, James Ker, portioner of 
Melrose, and Andrew Tunno, student there. William 
Wallace and John Hunter, notaries, sign for the said 
Janet Govan. 

1642, June 7. — Registration of Bond by Walter Coat, 
portioner of Ellasudden, to Robert Cougran [or Corgraw], 
portioner of Yaire, for 250 merks, and 25 merks of interest, 
repayable to the said ' Robert Congra ' at Whit. 1637 ; 
penalty, 20 merks, John Edgar in Melrose, procurator. 
The bond is written by Archibald Rutherfuird, notary 
in Bouden, and dated at Bouden, 20 May 1636 ; witnesses, 
John Suanstoune in Bouden, and the said Archibald. 

1642, June 13. — Registration of Bond by Gavin Cesfuird, 
portioner of Westhouses, and James Cesfuird his eldest 
lawful son, to John Mean, indweller in Byres at Cowden- 
knows, for 61 I. Scots of borrowed money ; penalty 10 I. 
Same procurator. Andrew Tunno, notary in Melrose, 
writes the deed, which is dated at Melrose, 2 March 1641 ; 
witnesses, William Wright, Easter, smith in Gatounsid, 
Alexander Halliburton, apparent of Mertoun, and John 
Mein, son of Alexander Mein, mason in Newsteid. 

1642, August 6. — Registration of Bond by William 
Darling in Blainslie to William Hall, tutor to Isobel, 
Catherine and Marion Hall, lawful children of dec. Adam 
Hall, portioner of Newhouses, for 30 I. Scots, to be paid 
to the said tutor with consent of John Moffit in Threepwod 
his cautioner, and to be employed for behoof of the said 



96 MELROSE REGALITY RECORDS 

pupils ; penalty 5 merks, Same procurator. The bond, 
written by Alexander Willkison, writer in Lauder, is dated 
at Lauder, 22 April 1638 ; witnesses, John Hall in Threep- 
wod, and William Hall, burgess of Lauder. 

1642, August 6. — Registration of Bond by James 
Bryden, portioner of Ellasudden, to Robert Wood, elder, 
in Maxtoune, for 56 1. Scots, to be repaid at St. Boswells 
day next ; penalty 5 merks. Same procurator. The 
bond is written by Walter Grahamslaw, reader at the 
parish kirk of Ellasuden, and dated at Ellasudden, 3 Feb. 
1641 ; witnesses, George Grahamslaw, reader at Mertoune, 
and the said Walter Grahamslaw. 

1642, August 6. — Registration of Bond by Robert 
Cockburn in Laudhopmoor, to Elspeth Wood, widow of 
George Murray, burgess of Lauder, for 100 merks, repay- 
able on 1 1th Nov. 1640 ; penalty 10 I. Same procurator. 
The bond, written by Andrew Admistoun, notary in 
Lauder, is dated [at Lauder] 5 Dec. 1639 ; witnesses 
Christopher Alen, younger, in Lauder, James Admistoune 
there, and John Wood, merchant burgess there. 

1642, August 6.— Registration of Bond by George 
Hall, portioner of Newtoun, to William Cairncrose, son 
of Nicol Cairncrose of Calfhill, for 80 I. Scots, to be repaid 
at St. Birnimise Day, 11th June 1639 ; penalty 7 I. Same 
procurator. The bond is dated at Melrose, 19 Jan. 1639 ; 
witnesses, John Edgar, portioner of Melrose, Andrew 
Darling, portioner of Appelltreleivs, and John Tunno, 
writer of the deed. 

1642, August 15. — Registration of Bond by George 
Bell, indweller in Bimersyd, to John Sheill, portioner of 
Ersilton, for 300 merks, for repayment whereof Thomas 
Bell of Eister Langlie, Hew and William Bell his sons, 
the granter's brothers' german, are cautioners; penalty 
30 1. ; clause of relief. Thomas Alen, notary, is em- 
powered to register the deed. The bond, written by 



BOND— MOFFAT TO WILKINSON 97; 

William Wallace, notary in Melrose, is dated at West- 
houses and Selkirk, 10 and 12 Nov. 1640 ; witnesses [to 
subscriptions of Thomas and Hew Bell], William Orms- 
toun, son of William Ormstoun, younger in Westhouses, 
and said William Wallace [to William Bell's subscription] ; 
Robert Ogilvie, messenger in Jedburgh, and Patrick 
Keine, burgess of Selkirk. 

1642, August 29. — Registration of Bond by James 
Vair, portioner and wright in Darnick, to Robert Curwa 
[Curvae in margin and Cura later in the deed] in Lessuden 
for 50 merks, repayable at Whit. 1640 if the said James 
receives 100 merks from William Hetoune for redemption 
of a house and yard in Dernick, otherwise repayable at 
Mart. 1640 ; penalty 10 merks. John Edgar, officer in 
Melrose, is appointed to register. The bond is written by 
Andrew Tunno, notary, and dated at Melrose, 26 Jan. 
1640 ; witnesses, James Symsone, portioner of Darnick, 
John Walker, writer in Melrose, Andrew Messer, servitor 
to said Andrew Tunno, and Andrew Tunno, younger, 
there. 

1642, October 15. — Registration of Bond by William 
Kenadie, portioner of Darnick, and Christian Darling 
her spouse, to Andrew Sclaiter in Galashiels for 33 1. Scots, 
payable at Mart. 1641 ; penalty 6 merks. Same procura- 
tor. The bond, written as above, is dated at Melrose, 
8 May 1641 ; witnesses, John Wilson, walker in Galashiels, 
Richard Sclaitter, portioner in Eildoun. 

1642, October 15. — Registration of Bond by James 
Moffit, portioner of Threipwod, to Alexander Wilkiesone, 
bailie of Lauder, for 100 merks, for repayment of which 
Archibald Moffit, portioner of Threipwod, is cautioner ; 
penalty 10 I. Same procurator. The bond, written by 
Alexander Wilkiesone, notary in Lauder, is dated at 
Lauder, 18 Feb. 1642 ; witnesses, John Moffit, portioner 
of Threipwod, James Ralmainhous, burgess of Lauder 
[who signs ' James Romanis ']. 

G 



98 MELROSE REGALITY RECORDS 

1642, October 25. — Registration of Bond by John 
Hall, portioner of Threipwod, to Thomas Wilkisone, second 
son of Alexander Wilkisone, younger, brugess of Lauder, 
for 33 1. Scots, payable to the said Thomas, also burgess 
of Lauder, by 11 Nov. 1641 ; penalty 10 merks. Same 
procurator. The bond is written by Francis Wilkieson, 
burgess of Lauder, and dated at Lauder, 25 March 1641 ; 
witnesses, James Romanis, burgess of Lauder, and the 
said * Francie ' [Wilkinson]. 

1642, November 14. — Registration of Assignation by 
James Cesfuird, son and heir of dec. Gavin Cesfuird in 
Westhouses, who with his brother John is going to Ireland 
as a soldier, to Isobel Cesfuird their sister of the heritable 
right and redemption of his four acres of land lying 
runrig through the town and lands of Galtonsyde, teind- 
sheaves included, with the onstead and whole tenements 
of houses and lands thereto adjacent lying in the town 
of Westhouses, to be redeemed from Francis Scot of 
Castlesyd or Andrew Pringle called of Blindlie, the granter's 
cautioner to him, for 180 L Scots ; also the reversion of 
that easter onstead of houses ' haich and laich ' with 
yard adjacent, wadset to George Merton in Galtonsyd 
for 45 1. 13 s. 4 d. as the balance of a greater sum contained 
in a bond by the granter and his deceased father to him ; 
also the reversion from John Scot, weaver in Westhouses, 
of half an acre of land, teindsheaves included, lying in 
the said ' towne and lands of Galtonsyd and Westhouses ' 
for 40 merks, contained in a bond by the granter to the 
said John Scot ; also the reversion of ' ane rude of 
pendickle land ' lying in the Stockhill meadow, teind- 
sheaves included, in the foresaid town and lands, contained 
in his father's bond to said John Scot of Westhouses, for 
40 merks. If they or either of them return safely to this 
country, it shall be lawful to them to redeem the subjects 
from her by payment of what she has expended and 54 s. 
Scots in addition. Penalty 20 L Scots. Thomas Alane, 
notary, is to register the deed, which is dated at Melrose, 
15 July 1642 ; witnesses, Adam Darling in Westhouses, 



INDENTURE— LAWS WITH NICOLL 99 

Robert Mein in Melros, and John Tunno, writer hereof, 
Andrew Tunno, notary, signs for James and Isobel Cesford. 

1642, November 15. — Registration of Bond by Helen 
Cockburne in Colmeslie to Thomas Wilkiesone, second 
son of Alexander Wilkiesone, bailie of Lauder, for 40 
merks as the price of certain bear now bought and received 
by her from his said father ; penalty, 10 merks. John 
Edgar, officer in Melrose, is to register the deed. The 
bond, written by Francis Wilkieson, writer in Lauder, 
is dated at Lauder, 1st May 1641 ; witnesses, William 
Lauder in Park, bailie of Lauder, and James Romanis, 
burgess there. 

1642, December 17. — Registration of Bond by Thomas 
Mylds, indweller in Maxpopple, to James Wallace, smith 
in Bowdon, for 100 merks, repayable at Whit. 1642 ; 
penalty 10 1. Same procurator. Andrew Tunno, notary 
in Melrose, writes the bond, which is dated at Melrose, 
15 June 1641 ; witnesses, Walter Maben in Westhouses, 
Richard Bower, Easter, in Eildon, Thomas Bowar, ' stinger' 
there, John Maben in Melrose. 

1643, January 7. — Registration of Indentures made 
at Melrose, 7 February 1638, between Thomas Law, 
weaver and ' challender ' in Melrose, on the one part, 
and James Nicoll, portioner there, and John, his youngest 
son, on the other part, whereby the said John becomes 
apprentice and servant to the said Thomas Law in his 
trade of weaving and challender craft for five years from 
his entry at Mart. 1637, and promises to serve his master 
' faithfullie and honestlie both holie dayes and weik dayes 
during the said space of his prentiship and shall in no 
manner of way absent himselff fra his masters service 
be night or be day during the said space without leive 
askit and givin be the said Thomas his master,' wherein 
if he transgress he shall serve two days at the end of his 
apprenticeship for each day of unauthorised absence during 
his apprenticeship ; also he is to ' abyd and remain with 



100 MELROSE REGALITY RECORDS 

the said Thomas Law his master as ane faithfull and 
obedient servant during the space of ane haill yeir efter 
the compleitting of his prentiship, and that for meat and 
fie as the said Thomas and he can aggrie, conforme to the 
ordor of the challender craft ' ; and he shall not conceal 
anything whereby his master might be prejudged or his 
business endangered. His father binds himself for his 
said son's faithful service, and the latter to relieve his 
father. For his part Thomas Law undertakes to instruct 
the said John Nicoll in all parts of the trade of weaving 
and challender craft according to his own knowledge and 
the lad's capacity, and shall conceal no part thereof from 
him ; and he is to maintain him ' in meatt, drink, bed and 
board and clothes washing ' during his apprenticeship, 
and during four years thereof provide him with ' ane 
new per of shone with ane straiking serk.' James Nicoll 
is to pay 40 1. and 2 firlots of pease ' of the old measure,' 
to the said Thomas Law as follows, viz., 10 merks and a 
firlot of pease presently in hand, and discharged by these 
presents, and for the remaining 50 merks Nicoll assigns 
to Law ' all and haill that his distinct hous high and 
leugh with the haill parts and pertinents presentlie 
occupyet be the said Thomas Law, elder, and lyand 
just foment the high croce of Melros contiguous with the 
said James Nicoll his tennement of houses in the west, 
John Brune his hous on the north, and John Bower on 
the east partes therof,' to be set and disponed upon by 
the said Thomas for the said five years from Mart. 1637 
' be payment [sic] of the forsaid sowme of 50 merks 
moire forsaid haill and togither in ane sowme to the said 
Thomas,' and Nicoll undertakes to uphold and maintain 
the said house water and wind tight and rent free ; ' and 
sicklyke licentiats the said John of ten dayes in harvest 
to his awin use.' John Edgar is appointed to register the 
deed, which is attested by Thomas Law, elder, in Melrose, 
Andrew Tunno, notary there, and Andrew Tunno, younger, 
writer thereof. 

1643, June 6. — Registration of Dischargk by George 



BOND— MERCER TO MERCERS 

Wode, eldest son of John Wode, merchant burgea-fsQj 
Lauder, to Andrew alias Dand Gray of Wester Langnkjiji 
702 merks and annualrents thereof, contained in a bond 
by him as principal, and William Cairncroce, second son 
of Nicol Cairncrose of Hilslop, and dec. Andrew Hadden in 
Mossilie, his cautioners, to the discharger dated 10 August 
1637, registered in the books of Council and Session, 
24 July 1638, also for 50 merks of penalty for two terms' 
default. Thomas Alane, notary, is authorised to present 
the deed for registration. The discharge, written by 
William Wallace, notary in Melrose, is dated at Lauder, 
3 May 1643 ; witnesses, Alexander Wilkiesone, younger, 
and William Turneor and James Romanis, burgesses of 
Lauder. 

1643, June 17. — Registration of Bond by Andrew 
Merser, eldest son of dec. John Mercer, portioner of New- 
steid, to James and George Merser, his brothers, equally 
between them, for 80 1. payable at the first term after the 
decease of Rachel Askine, their mother ; penalty 10 1. If 
either of them die before her, the granter is to be free of 
that brother's part. Same procurator. The bond is written 
by James Eillies, . son of Alexander Eillies in Melrose, and 
dated at Melrose, 15 August 1636 ; witnesses, Thomas 
Lythgow, portioner of Ridpeth, Andrew Cuick, portioner 
of Melrose, and the said James Eillies. 

1643, June 24. — Registration of Bond by Thomas Law, 
younger, weaver in Melrose, to Mr. David Fletcher, 
minister at Melrose, and the kirk session there, for 100 
merks, for repayment of which loan John Bower, portioner 
of Eildon, and present indweller in Cadinlie, is cautioner ; 
payment being made either to the minister and elders 
or to Andrew Tuno, ' keeper of thair kirk guids', at Whit. 
1643, with a year's interest ; penalty 10 1. John Edgar, 
officer in Melrose, is appointed to procure registration. 
The bond is written by John Tuno, notary in Melrose, 
and dated at Melrose, 24 Feb. 1643 ; witnesses, William 
Fischer, son of John Fischer of Housbyre, and Richard 



102 MELROSE REGALITY RECORDS 

Sclaitter, servitor to the said Thomas Law, and Charles 
Clerk, servitor to Andrew Tunno, notary in Melrose. 

1643, July 3.— Registration of Inhibition at the instance 
of William Cairncroce in Hilslop, son of Nicol Cairncrose in 
Calfhill, narrating that the deceased Andrew Darling, por- 
tioner of Appiltrieleives, by Bond dated 11 April 1630, 
promised to pay to the complainer 62 I. 8 s. before St. 
Lukesmas thereafter, under a penalty of 10 merks, and 
also the said dec. Andrew Darling ' callit Mid Andro ' 
granted another Bond on 13 Nov. 1638 to him for 500 
merks before Mart, thereafter, under a penalty of 50 1., 
and obliged himself in security thereof to enter the com- 
plainer to possession of his ' ploume yaird in Langhauch ' 
and to the following yearly duties owing to the said 
defunct, viz. half a boll of bear, Melrose measure, due by 
George Frater in Langhauch for the ferm of some lands 
there possessed by him ; and two bolls of bear, same 
measure, due by John Frater there, for some lands there ; 
and to possess him also in his lands, houses and yards 
then possessed by John Bell. Also on 8 Jan. 1640 the 
defunct granted another Bond to the complainer for 300 
merks, payable at Whit, thereafter, under a penalty of 
20 I. The complainer caused register the bonds, and 
raised action against Marion and Christian Darling, two 
of the daughters of the said Andrew, and James Mertoune, 
eldest lawful son of dec. Bessie Darling, the third of the 
daughters, as heirs to the said Andrew, and Lancelot 
Rutlitch in Appiltrieleivis, husband of the said Marion, 
and William Kennedie in Dernick, husband of the said 
Christian, and the tutors and curators (if any) of the said 
James Mertoune, for registration of the bonds and execu- 
tion for the debts. Lest they frustrate him of payment, 
they are hereby inhibited to sell or dispose of any part 
of their estate or goods. The letters are dated at Edin- 
burgh, 13 June 1643. (Signed) ' Ro. Pringill ; writtin 
be James Allane my servitor.' — 24 June 1643, William 
Wallace, messenger, served the letters upon the foresaid 
Marion and Christian and their husbands and James 



INHIBITION— CHISHOLM v. DARLING 103 

Merton, elder, as administrator to the said James Merton, 
younger, his eldest son ; witnesses, John Wallace, smith 
in Melrose, Thomas Erskein, son of John Erskine in Scheil- 
feild, John Edgar, officer in Melrose, John Heislope in 
Quhitlawhous, James Elleis in Melrose, and James Pringle, 
son of Robert Pringle of Blindley. — Also on 28 June 1643 
the said messenger made intimation of the letters at the 
market cross of Melrose, in presence of John and William 
Bower there, and John Wallace, smith there. — 1 July 
1643, John Penman, messenger, intimated the same at 
the market cross of Jedburgh ; witnesses, Andrew Ruther- 
furd, son of William Rutherfurd, notary, and James 
Forrest, baker, burgess, of Jedburgh. 

1643, September 10. — Registration of Inhibition at 
the instance of William Chisholme, son and heir to dec. 
William Chisholme of Darnick, narrating his action against 
Marion Darling, daughter and heir of dec. Andrew Darling 
called Mid Andro, portioner of Apletrieleifis, and Lancelot 
Routlage in Apletrieleifis, now her spouse, for registra- 
tion in the books of Council and Session of a Contract of 
Marriage dated 27 July 1625 between the complainer's 
father and Christian Darling, another daughter of said 
Andrew, whereby her father promised 650 merks of 
tocher, half payable at Whit. 1627 and half at Whit. 1628, 
with 50 merks of termly penalty, and in warrandice pro- 
mised to infeft the complainer's father in his third part of 
the lands of Apletrieleifes ; and the said Marion and her 
husband knowing that the complainer will prevail intend 
to dispose of the estate to his prejudice. The letters, 
directed to Francis Murray, messenger, are dated 31 Aug. 
1643. — 9 Sep. 1643, the said messenger served the letters 
upon the said Marion and Lancelot, personally appre- 
hended ; witnesses, James Scott, indweller in Galashiels*, 
and John Bell in Langhaugh. Also same day at market 
cross of Jedburgh ; witnesses, John Scott, maltman burgess 
there, and James Wauch, flesher burgess there. Also same 
day at market cross of Melrose ; witnesses, Andrew Tunno, 
notary in Melrose, and Thomas Bowie, miller there. 



104 MELROSE REGALITY RECORDS 

1643, October 10. — Registration of Bond by James 
Merton, portioner of Westhouses, to Thomas Bowston 
called of Kelso, maltman in Galtonside, and Thomas 
Bowston, called of Eistcott there, for 111 I. 10 s. repay- 
able to the said Thomas Bowstone ' elder and younger ' 
equally between them before Michaelmas 1643 ; penalty 
10 I. and in further security he promises ' to teill muck 
saw and harrow upon my awin charges the just and equall 
ane halff of my 12 aikers of land lyand runrig throwch 
the lands of Galtonsyde and Westhouses als sone and 
tymeouslie as uthers nighboures in these townes does 
with sick sort of cornes as the ground falls to be, lykeas 
I bind and obleis me and my forsaids to sheir win and 
away leid these sex aikers of landis corne and fodder to 
ane barne yaird they pleis, with full power to them equallie 
betuixt them as said is to intromett with the saids cornes 
and fodder and increase therof imediatlie efter the said 
feist of Michaelmes nixtocum ay and quhill the pryces of 
the said victuall increise and fodder therof compleitlie 
pay the said principall soume and expenses to be wairet 
out and bestowit upon the threshing and dighting therof,' 
they accounting for any surplus to him, Thomas Allane, 
notary, is appointed to register the deed. The bond, 
written by William Wallace, notary, is dated at Melrose, 
17 Nov. 1642 ; witnesses, Mark Ker in Roxburgh, Thomas 
Lythgow, portioner of Melrose, Alexander Eillies, malt- 
man there, and James Mar in Galtonside. 

1643, November 3. — Registration of Bond by Alexander 
Eillies in Galashiels to Richard and Thomas Frater and 
their partners for 52 1. as the price of some timber bought 
from them, James Leithane in Galtonsyd being cautioner 
for the price ; penalty 10 merks. Thomas Alane is pro- 
curator. The bond is written by George Davidsone, 
notary, and dated at Galashiels, 19 Feb. 1643 ; witnesses, 
John Cruix in Galashiels and Andrew Frater there. 

1644, June 17. — Registration of Tack, dated at Lang- 
shaw, 10 April 1643, whereby William Cairnecroce of Old 



TACK— CAIRNCROSS TO TURNER 105 

Melrose, tacksman of the half lands of Langshaw, sets a 
subtack to Thomas Turneir in Ladupmure of the half of 
his lands in Langshaw now possessed by him, with the 
houses sometime possessed by the deceased Robert 
Turneor, and the barn presently possessed by John 
Watsone, and that from Whit., 1633 [sic], to Whit., 1634 
[sic], for 225 merks of rent payable at Mart., 1643 [sic], 
' and to pay kain foulls and uther service as the rest of 
Langshaw ; ; penalty 40 1. Same procurator. The deed, 
written by Alexander Forrest, servitor to Sir [Alexander 
Levinston (deleted) ?] Walter Murray of Leviston, knight, 
is attested by James and Thomas Turneor in Langshaw, 
Alexander Thomsone there, and James Davidsone in 
Moshouses. The notaries, Alexander Forrest and James 
Eliot, sign for the granter and one of the witnesses. 

1644, August 12. — Registration of Bond by Peter and 
Andrew Darling, portioners of Apeltrieleives, to Bessie 
Turneor, sister of dec. James Turneor in Langshaw, for 40 1. 
repayable at Whit. 1644 ; penalty 4 I. Same procurator. 
The bond is written by William Wallace, notary in Melrose, 
and dated at Melrose, 17 Feb. 1644 ; witnesses, Andrew 
alias Dand Greinfeild, in Merton, William Edgar, por- 
tioner of Melrose, and said William Wallace. 

1644, August 24. — Registration of Bond by William 
Ker in Newtoune and Thomas Steinhous there to James 
Wilkie, merchant burgess of Selkirk, for 32 1. as the 
' aggreit pryce of 3 muskits with their pertinents coft 
and receivit be us fra him in name of the Newtoune ' ; 
to be paid before Lammas day, 1 Aug. next ; penalty 
4 I. Same procurator, who also writes the deed, dated 
at Melrose, 16 Jan. 1644 ; witnesses, Hew Scott of Gala- 
shiels, and William Wallace, notary. 

1644, August 26. — Registration of Bond by Bernie 
Merser in Brigend and John Howname there to James 
Wilkie, merchant in Selkirk, for 21 1. 6 s. 8 d. as the price of 
two muskets with their bandoliers ' coft be me [sic] from 



106 MELROSE REGALITY RECORDS 

him for the use of the toune of Brigend,' payable as above ; 
penalty 5 merks. Same procurator and writer. The 
bond is dated at Melrose, 16 Jan. 1644 ; witnesses, Hew 
Scot of Galashiels, and James Cairnecroce, son of James 
Cairncrose of Colmeslie. William Wallace, notary, signs 
for the said ' Bernard ' Merser and John Howname. 

1644, August 26.— Registration of Bond by Alexander 
Haistie in Lessudden and John Gibsone there to the same 
for 85 I. 6 s. 8 d. as the price of eight muskets with ban- 
doliers for the use of the town of Lessuden, payable as 
above ; penalty 8 1. Same procurator and writer. The 
bond is dated at Melrose, 17 Jan. 1644 ; witnesses, John 
Edgar, officer, and said Thomas Alane. 

1644, August 26. — Registration of Bond by John Hall 
in Threipwod and Alexander Hoey there to the same for 
10 1. 13 s. 4 d. for one musket with bandoliers for the town 
of Threipwod ; penalty 40 s. Melrose, 16 Jan. 1644 ; 
witnesses, Hew Scot of Galashiels, William Wallace, 
notary. 

1644, August 27. — Registration of Bond by Andrew 
Mein, alias Lang Andro, in Newsteid, and Robert Mein, 
mason there, to same for 60 1. [or 64 1.] for six muskets 
with bandoliers for town of Newsteid ; penalty 10 merks. 
Melrose, 16 Jan. 1644 ; same witnesses, 

1644, August 27. — Registration of Bond by James 
Mar in Galtonside and James Bowstone there to same for 
63 1. 6 s. 8 d. for five muskets and three pykes ' for the use 
of the toune.' Same date and witnesses. 

1644, August 27. — Registration of Bond by Richard 
Sclatter in Eildon and James Mein there to the same for 
20 I. [21 1.] 6s. 8d. for two muskets with bandoliers for the 
town of Eildon ; penalty 4 1. Melrose, 16 Jan. 1644 ; 
witnesses, James Lythgow, portioner of Ridpeth, and said 
Thomas Allane. 



BONDS FOR MUSKETS 107 

1644, August 27. — Registration of Bond by William 
Hall in Blainslie and John Spotswood there to the same 
for 32 1. for three muskets with bandoliers ; penalty 4 I. 
Melrose, 16 Jan. 1644 ; witnesses, Hew Scott of Galashiels, 
and Andrew Cairncroce, son of James Cairncroce of 
Colmslie. 

1644, August 27. — Registration of Bond by John 
Edgar, officer in Melrose, to the same for 10 1. 13 s. 4 d. for one 
musket with bandoliers 'for the use of the toune' ; penalty 
40 s. Melrose, 16 Jan. 1644 ; witnesses, William Wallace, 
notary, and said Thomas Allane. 

1644, September 16. — Registration of Bond by Thomas 
Eillies, wright in Dainzelton, to Andrew Mein, called of 
Ducatt, mason in Newsteid, for 12 1. 13 s. 4 d. payable at 
' Rudday,' 14 Sep. 1644 ; penalty, 4 1. John Edgar, 
officer in Melrose, is procurator. William Wallace, notary, 
writes the bond, which is dated at Melrose, 18 Nov. 1643 ; 
witnesses, said John Edgar, and George Wallace, son of 
James Wallace in Melrose. 

1644, October 28. — Registration of Bond by George 
Eillies in Dainzelton, and Walter Ellies his eldest son, 
to William Leitheid in Lilslie for 300 merks, payable at 
Mart. 1641 ; penalty 30 1. George Wallace is authorised 
to register the deed. The bond is written by William 
Wallace, notary in Melrose, and dated at Melrose, 22 
June 1641 ; witnesses, James Wallace, hostler in Melrose, 
William Wallace his son, John Edgar, officer there, and 
said William Wallace. 

1644, December 3. — Registration of Bond by Mr. 
Thomas Ker, portioner of Melrose, and Margaret Knox 
his spouse, to Andrew Tunno, notary in Melrose, and 
Janet Clerk his spouse, for 50 merks, for repaying which 
Mr. Andrew Ker, their eldest son, is cautioner ; penalty 
10 merks. John Edgar, officer in Melrose, is procurator. 
The bond, written by Andrew Tunno, younger, is dated 



108 MELROSE REGALITY RECORDS 

at Melrose, 20 Jan. 1640 ; witnesses, William Edgar, 
portioner of Melrose, George Bell, indweller in Bimersyde, 
James Ker, son of said Mr. Thomas Ker, and said Andrew 
Tunno. 

1645, January 27. — Registration of Indentures, dated at 
Melrose, 4 February 1642, between James Wallace, smith 
in Bowdon, on the one part, and James Huntar, portioner 
of Lessudden, and Robert his son, on the other part, 
whereby James Hunter undertakes that his son shall 
enter apprentice to James Wallace in his trade of smith 
craft, presently, and remain with him for three years, 
without deserting, under pain of serving two days for one ; 
and at the end shall abide another year for meat and fee 
conform to the order of the craft, ' or utherwayes to serve 
for the soume of ten merks monie togither with twa 
par of schone, at the optione of the said Robert Huntar, 
or utherwayes to be frie ' ; and Wallace is to maintain 
him ' honestlie according to his ranck in meatt drink and 
bedding.' James Hunter is to pay Wallace 60 merks, 
as follows, viz. 20 merks at St. Boswells day 1642, 20 
merks at Mart. 1642, and 20 merks at . . ., and during 
the said three years to keep his son in clothes. The 
penalty of default in either party is 10 merks. Same 
procurator. The deed is written by John Tunno in 
Melrose ; witnesses, Mr. John Knox, minister at Bowden, 
Andrew Rannoldsone there, the said John Tunno, and 
William Rannoldsone, portioner of Boudon. 

1645, January 28. — Registration of Bond by William 
Laidlaw, portioner of Newton, to John Laidlaw his brother, 
portioner there, for 200 merks, half thereof repayable at 
Alhallowday 1638, and the other half at Mart. 1638 ; 
penalty, 10 1. Same procurator. The bond is written by 
Andrew Tunno, notary in Melrose, and dated at Melrose, 
19 May 1638 ; witnesses, Robert Wod, portioner of 
Newtoune s Andrew Tunno, younger, in Melrose, and 
William Sclaitter in Colmeslie. 

1645, March 27. — Registration of Bond by James 



BOND— HEITON TO EILLIES 109 

Heiton, portioner of Dernick, to James Eillies, lawful 
son of dec. Walter Eillies, portioner of Dainzeltoune, for 
29 1. Scots ; penalty 4 I., and in case of default he obliges 
himself to enter James Eillies to possession of his three 
butts of land, teindsheaves included, ' lyand at the lang 
yaird dyk on the west syde of Lintburiebridge within the 
territorie of Dernick ' till lawfully redeemed in Melrose 
kirk on 60 days' notice for the said principal sum. He 
also obliges himself if need be to obtain the consent and 
subscription of Margaret Ridfuird his spouse and Robert 
Ridfuird his father-in-law to these presents. Same 
procurator. The bond, written by William Wallace, 
notary in Melrose, is dated at Melrose, 10 Jan. 1640 ; 
witnesses, Alexander Eillies, Maltman in Melrose, and 
said William Wallace. 

1645, April 5 [or 15]. — Registration of Bond by Charles 
Steinson in Craixfuird to George Currae [Curror in margin] 
of Houden for 28 1. Scots as the price of some sheep bought 
from him, payable at next St. Luke's day ; penalty 10 
merks. Same procurator. The bond is written by 
Mr. William Watsone, notary in Selkirk, and dated at 
Melrose, 13 July 1643 ; witnesses, Walter Watson in 
Ormistonbyres, and James Watson, son of dec. Peter 
Watson, merchant burgess of Selkirk. 

1645, April 24. — Registration of Bond by Charles 
Steinsone in Craixfuird and Thomas Steinsone his son in 
Ladupmoore, to the right honourable James Pringle of 
Torwodlie for 100 1. Scots, repayable at Lammas 1644 ; 
penalty 20 1. Same procurator. The bond is written by 
James Scott, notary, and dated at Stow, 31 December 
1643 ; witnesses, James Pringle in Stow, ' Antin Crag ' 
there, and James Scot, younger. The notaries, James 
Scot and John Johnston, sign for the granters. Witnesses 
sign ' Michell Hendrie [sic], witnes, James Pringle, witnes, 
Antoine Craig, witnes, James Scot, witness.' 

1645, June 23. — Registration of Bond by John Eeles, 



110 MELROSE REGALITY RECORDS 

portioner of Newtoune, and Margaret Anderson his 
spouse, to William Paton in Lessudden for 80 merks, 
payable by 25 May 1645 ; penalty 10 merks. Same 
procurator. The bond is written by William Wallace, 
notary, and dated at Melrose, 21 June 1643 ; witnesses, 
Thomas Lythgow, portioner of Ridpeth and Melrose, 
Andrew Tunno, notary in Melrose, and James Wallace. 

1645, July 30. — Registration of Bond by John Kyll, 
portioner of Lessudden, to John Paton there for 541., 
of borrowed money ; penalty 10 1., and in further security 
he sells to him seven bolls of charity bear owing to him 
by Walter Gibson in Lessudden as the ferm of half a 
husband land pertaining to him in heritage, due next 
Martinmas. Same procurator. The bond is written by 
John Bucthaine, notary, and dated at Beltismilne [sic], 
27 January 1644 ; witnesses, George Dobsone, school- 
master in Langnewtoune, and Thomas Bucthaine in 
Belschismilne. 

1645, November 9 [or 19]. — Registration of Bond by 
John Wilson in Ersiltoun to John Mein in Colthean- 
knowbyres for 33 1. 6 s. 8 d. Scots, repayable at Mart. 1644; 
penalty 4 L, and failing payment he is to renounce his 
title and claim to an acre of infield land ' lyand bewest the 
water of Lither within the toune and territorie of Ersil- 
toune.' Same procurator. The bond is written by 
Adam Brown, notary in Ersilton, and dated at Ersilton, 
29 Feb. 1644 ; witnesses, ' Ja. Baxter, witnes ; Tho. 
Baxter, witnes.' 

1645, December 1. — Registration of Precept of Poind- 
ing by Thomas Earl of Haddington, and Thomas Lythgow, 
portioner of Ridpeth, his bailie of the regality, to Alexander 
Uscher, officer, to poind and distrain Thomas Steinsone, 
son of Charles S, in Craixfurd, for 46 1. 6 s. 8 d. of principal 
and 10 merks of penalty contained in his Bond, 6 Feb. 
1640, to John Burne, portioner of Ersiltoune. The 
precept is dated at Melrose, 1 Dec. 1645. — 1 Dec. 1645, 



BOND— STEINSON TO BURN 111 

in presence of Thomas Lythgow, bailie depute of the 
regality of Melrose, compeared George Wallace, pro- 
curator for the said Thomas Steinson, and gave in the 
following Bond [above referred to] to be registered. 
[There is nothing more about the Precept.] 

1645, December 1. — Registration of Bond by Thomas 
Steinson, son of Charles Steinson, in Craixfurd, to John 
Burne, portioner of Ersiltoune, for 46 I. 6s. 8 d. repayable 
at Whit., 1643 ; penalty 10 merks. George Wallace is ap- 
pointed to register the same. The bond, written by Adam 
Bicthaine, is dated at Ersiltoun, 6 Feb. 1643 ; witnesses, 
Michael Flaebarne, maltman in Ersiltoune, and Alexander 
[sic] in Sorreslesfeild [sic]. The witness signs ' Alexr. 
Andersone.' 

1645, December 13. — Registration of Bond by John 
Uscher and John Moss, portioners of Dernick, to Robert 
Currae, portioner of Lessudden, for 300 merks, repayable 
at Mart., 1644, with 30 I. of penalty. Same procurator, 
who also writes the deed, dated at Melrose, 16 Dec. 
1643 ; witnesses, Thomas Law, younger, weaver in 
Melrose, John Edgar, officer there, Robert Mein, mason 
in Newsteid. 

1645, December 17. — Registration of Bond by George 
Eillies, portioner of Dainzeltoune, and Walter Eillies, his 
eldest son, to Thomas Binzie, portioner of Newsteid, for 
60 1. Scots, payable at Michaelmas, 1644 ; penalty 10 
merks. John Edgar, officer in Melrose, procurator for 
registration. The bond is written by George Wallace, 
son of James Wallace in Melrose, and dated at Melrose, 
18 Nov. 1643 ; witnesses, William Wallace, notary in 
Melrose, and John Edgar, officer there. 

1645, December 30. — Registration of Bond by James 
Haistie, portioner of Eildon, to William Chisholme, son 
of William Chisholme portioner of Dernick, for 140 merks, 
over and above 420 merks justly owing ' to me as air to my 



112 MELROSE REGALITY RECORDS 

umquhill father ' specified in two wadset tacks, one dated 
at Melrose, 17 Jan. 1632, and the other dated there, 18 
Feb. 1633. He is to pay interest on 60 merks thereof, 
and payment of the remaining 80 merks is superseded till 
redemption by him from the said William Chisholm of 
the husband land and onstead of houses, with teinds 
included, lying in the town and lands of Eildone ; and 
he hereby obliges himself to enter Chisholm to possession 
thereof, under a penalty of 20 1. Scots, excepting and 
reserving to the said James Hastie and Margaret Purves 
his spouse duty and rent free ' that litle hous befor the 
yet with the just thrid of the yaird lyand on the south 
syd that hes ever bein usit in tilling or delfing, and that 
to be mett and measured and march stones to be sett 
doune be John Bower, Wester, in Eildon, and Rychard 
Sclaitter there . . . and the said James his thrid part to 
be upon the syde of the yaird including that part quher 
the barne stude, and the said James to make ane suffi- 
cient passadge and entrie for himself to his awin thrid 
part ' and they mutually undertake ' to observe good 
nighbourheid . . . and avertt to me the said James my 
forsaids of ane midding steid at the west and south part 
of the dur of his duell ' [sic], George Wallace in Melrose 
is to register the deed. The bond is dated at Melrose, 
14 Feb. 1638 ; witnesses, Robert Wood, portioner of 
Westhouses, George Frier, tailor in Melrose, and Andrew 
Tunno, younger, writer of the deed. 

1646, January 9. — Registration of Bond by John Hall, 
portioner of Blainslie, to William Cairnecroce of Old 
Melrose for 32 1. Scots, repayable at Lammas 1646 ; penalty 
5 merks. John Edgar, officer in Melrose, is to register 
the deed. The bond, written by Andrew Tunno, notary 
in Melrose, is dated at Melrose, 25 Oct. 1645 ; witnesses, 
John Frater, younger, in Langhauch, John Bower, Easter, 
portioner of Eildon, John Rathie, servitor to said Andrew 
Tunno. 

1646, February 16. — Registration of Bond by William 



BOND— BOUSTON TO BOUSTON 113 

Kennedie, portioner of Dernick, and Christian Darling, 
his wife, to John Uscher in Dernick and John Moss there 
for 64 1, Scots, payable at Mart., 1644, equally to them, 
or else to pay 40 I. thereof to William Merser alias Lang- 
coitt in Dernick for redemption of two acres of land lying 
at the ' Grainge yet and Skraburne,' and 24 I. to Margaret 
Spotswode for redemption of two butts of land in the 
How meadow, and enter the said John Moss and John 
Uscher therein with the rest of the four acres of land 
wadset to dec. John Uscher there ; penalty 10 merks. 
George Wallace is appointed to register. The bond is 
written by William Wallace, notary, and dated at Melrose, 
16 Dec. 1643 ; witnesses, George Wallace, son of James 
Wallace, and John Tunno, notary in Melrose. 

1646, March 3. — Registration of Bond by James 
Bowstone, portioner of Galtonsyd, to his brother Thomas 
Boustone there for 221 merks, as his bairn's part of goods 
bequeathed to him by his deceased father, and payable 
at Mart., 1643 ; penalty 20 merks ; and in further security 
to possess him in two of his acres of land, teind sheaves 
included, in the said town, or otherwise five firlots of 
charity bear for the ferm and duty thereof. John Edgar, 
officer in Melrose, is procurator. The bond is dated at 
Melrose, 31st Dec. 1642 ; witnesses, James Mar, por- 
tioner of Galtonsyde, James Bowston, ' chepman ' there, 
and Andrew Tunno, notary, writer of the deed. 

1646, March 15. — Registration of Rental accepted by 
Andrew Darling called Mid Andro, and Andrew Darling 
called Easter Andro, portioners of Appletrieleives, from 
John Frater in Langhauch, in consequence of submission 
by them to Mr. Alexander Home of St. Leonards, William 
Hunter of Williamlaw, and Hew Scot, son of Walter Scot 
of Harden, for their part, and John Pringle of Bucholme, 
John Home of Howlastone, and Michael Fischear, por- 
tioner of Dernick, for his part, and to Mr. John Knox, 
minister at Melrose, as oddsman, dated 10 July 1622, 
and decreet arbitral by said Mr. John Knox, dated 9 Sept. 

H 



114 MELROSE REGALITY RECORDS 

1622, ordaining them to receive Frater as kindly tenant 
to the parts of the lands of Apletrieleives and Langhauch, 
houses, yards and orchards, pasturage and meadows, 
presently possessed by him, for yearly payment by him 
to said ' Mid Andro ' of 2 bolls bear and five ' sheir darg ' 
being ' ane in aitt sawing tyme and mucking tyme, in beir 
sawing tyme, in leiding corne in harvest, at everie one of 
the said tymes ane dayes work of a man and a horse, and 
ane horse and a man to carry my corne to the milne quhen 
I shall mister the samen,' and 16 s. Scots at Whit, yearly, 
and paying to ' Eister Andro ' 2 bolls bear and the like 
five days' work [but not the money]. The other condi- 
tions are as in a former deed of the like nature [pp. 42 and 
43, supra]. John Edgar, officer in Melrose, is procurator. 
The deed is written by William Wallace, servitor to John 
Ker, W.S., and dated at Melrose, 7 August 1623 ; witnesses, 
James Pringle, fiar of Bucholme, John Pringle, his eldest 
son, Thomas Lythgow, portioner of Melrose, Mr. Robert 
Broune and Alexander Wilkiesone, conotaries in Melrose. 
' Peter Darling, witnes, 1 also appears. 

1646, May 21. — Registration of Bond by John Maben, 
tailor in Melrose, to dec. John Mein, weaver in Newsteid, 
for 80 1. Scots, repayable to Agnes and Janet Mein, 
daughters of the said John, equally between them at 
Mart., 1645 ; penalty 8 I. Same procurator. The bond 
is written by Andrew Tunno, notary, and dated at Melrose, 
30 Nov. 1644 ; witnesses, David Mein, ' challender ' in 
Newsteid, Alexander Ridpeth, wright in Melrose, and 
said Andrew Tunno. 

1646, June 10. — Registration of Bond by William 
Chisholme, portioner of Eildon, to George Houname in 
Dernick, for 40 i. Scots, payable at Whit. 1646 ; penalty 
51. Same procurator. William Wallace, notary in 
Melrose, writes the bond, which is dated at Dernick, 16 
Jan. 1646 ; witnesses, James Fischer, son of William 
Fischer, maltman in Dernick, and said William Wallace. 

1646, December 26. — Registration of Bond by Andrew 



BOND— DARLING TO TAITT 115 

Darling, portioner of Apletrieleives, to Thomas Taitt in 
Gaitupknow and Thomas Davidsone, his brother-in-law, 
for 23 1. Scots, payable at Midsummer, 24 July 1632, 
equally between said Thomas Taitt and Alexander [sic] 
Davidsone ; penalty 5 merks. Same procurator. The 
bond, written by James Scot, notary public in Stow, is 
dated at Galashiels, 16 Nov. 1631 ; witnesses, Robert 
Freir, lawful son of William Frier in Galashiels, and 
William Hutchesone, son of Robert Hutchesone, merchant 
there. 

1647, January 9. — Registration of Bond by James 
Leithane, portioner of Galtonsyde, to John Broune, 
servitor to George Halliwooll in Galtonsyde, for 17 1. 11 s. 
Scots ; penalty 4 merks, and in case of default to enter 
him to possession of a rig of his lands in that part of 
' the forsaid toune and lands ' called the Gutter, teind- 
sheaves included, for successive periods of three years, 
paying to the superior 28 s. 2 d. yearly, until redemption. 
Same procurator. The bond, written by Andrew Tunno, 
notary in Melrose, is dated 9 Nov. 1644 ; witnesses, George 
Halliwooll and Jaines Frier, portioners of Galtonsyde, 
John Unes, maltman, and John Patoune in Lessudden. 

1647, January 16. — Registration of Bond by Peter 
Darling, portioner of Apletrieleives, to Patrick Riddell 
in St. Boswells for 100 merks, for repayment of which 
James Moffat, portioner of Threipwod, is cautioner ; 
penalty 40 merks. Same procurator. The bond, written 
as above, is dated at Melrose, 12 Feb. 1641 ; witnesses, 
James Eistoun, portioner of Lessudden, and the writer. 

1647, January 29. — Registration of Bond by James 
Bowstoune, portioner of Galtonsyd, called of the Wynd, 
to Margaret Trotter, widow of Andrew Halliwooll in 
Housbyre, for 60 1. Scots as the price of some bear bought 
from her and others in her name, payable by 18 Oct. 
1640 ; penalty 10 merks. Same procurator. The bond 
is written by William Wallace, notary in Melrose, and 



116 MELROSE REGALITY RECORDS 

dated at Melrose, 2 Nov. 1639 ; witnesses, Robert Trotter 
in Housbyre, John Halliwooll, and said William Wallace. 

1647, March 24. — Registration of Bond by George 
Bowstoune, weaver in Brigend, to Charles Clerk, now in 
Melrose, for 11 1. Scots as the balance of a greater sum ; 
penalty 4 merks. Andrew Tunno in Melrose is to register 
the deed, written by himself, and dated at Melrose, 29 
Nov. 1645 ; witnesses, James Edgar and William Mem, 
students in Melrose. 

1647, June 6. — Registration of Horning at the instance 
of John Frater, younger, in Langhauch, son and heir to 
dec. George Frater there, in respect of decreet obtained 
by him, 16 May 1646, against Andrew Smyth in Lang- 
hauch for 400 merks of principal and 10 merks of expenses 
of plea, and execution therof on 31 March last. The 
letters, directed to James Scot, William Wallace, and 
John Penman, messengers, are dated at Edinburgh, 
4 May 1647. — 20 May 1647, James [Scot], messenger, 
charged Andrew Smith, wright in Langhauch, personally 
apprehended ; witnesses, James Pringle of Whytbank, 
George Mitchell, servitor to said John Frater. — 15 June 
1647, execution by William Wallace at the market cross 
of Melrose ; witnesses, John Wallace, smith in Melrose, 
George Mitchell, servitor to the complainer, and George 
Wallace, son of James Wallace in Melrose. — [sic] June 
1647, execution by John Penman at the market cross of 
Jedburgh ; witnesses, John Rutherfuird, younger, called of 
the Wallis, John Hasweell, surgeon, and Robert Ogilvie, 
messenger. 

1647, August 3. — Registration of Horning at the 
instance of James Hadden in Galashiels against James 
Merton, portioner of Westhouses, who gave Bond, 23 
Oct. 1643, to him for 200. merks payable at Candlemas 
thereafter, and 20 1, of expenses. The letters are dated 
at Edinburgh, 12 Feb. 1644.— 10 July 1647, William 
Wallace, messenger, charged the said James Merton per- 



TACK— HENRYSONS AND HALLS 117 

sonally ; witnesses, Thomas Lythgow, portioner of Rid- 
peth and Melrois, and Alexander Fischer of Sorrollesfeild ; 
also 27 July at the market cross of Melrose, witnesses 
being William Ker, portioner of Newtone, John Wallace, 
smith in Melrose, and Andrew Cuick, beadle there ; and 
on 17th July, at market cross of Jedburgh, before witnesses, 
Ralph Robsone, merchant burgess of Jedburgh, and 
George Donald, merchant burgess there. 

1647, November 1. — Registration of Bond by Bernard 
Merser, portioner of Brigend, to Margaret Howname, 
servitor to Andrew Patersone in Dainzeltoune, for 25 I. 
Scots, repayable at St. Luiks day next ; penalty 5 1. 
John Edgar, officer in Melrose, is appointed to register the 
bond, which is written by William Wallace, notary in 
Melrose, and dated at Melrose, 7 Nov. 1641 ; witnesses, 
Robert Ogylvie, messenger in Jedburgh, and Andrew 
Cuick in Melrose. 

1647, December 11. — Registration of Tack, dated at 
Threipwood, 15 May 1641, whereby Mr. Charles Henri- 
sone, commissary of Lauder, and Eupham Scot his spouse, 
grant to Robert Hall in Threipwod and John Hall his son 
there and their heirs [excluding assignees] a three years' 
lease of 'ane land and halff land in Threipwod ' presently 
possessed by them, with the pertinents, reserving a certain 
number of turves and peats yearly to the granters ; the 
yearly duty being 128 merks payable at two terms, and 
the tacksman ' wining and staking of the saids tuentie 
darg of turffes and 20 darg of peitts yeirlie, they being 
casten to the said Mr. Charles, his spous or their forsaids, 
and diligentlie to winter the samen in dew tyme, they 
being sua castin, or els monie for ilk darg therof.' 

Penalty for either party failing, 20 1. Scots. Same pro- 
curator. The deed, written by John Wilkieson, notary, 
is attested by Andrew Tunno, notary in Melrose, Andrew 
Pringle, burgess of Lauder, James Moffit, portioner of 
Threipwod, and Peter Moffit, son of Archibald Moffit, 
portioner there. 



118 MELROSE REGALITY RECORDS 

1648, January 20. — Registration of Bond by Andrew 
and Peter Darling, portioner of Apletrieleives, to Lieut. 
James Pringle in Colonel Walter Scot's regiment, for 47 1. 
13s. 4d. Scots; penalty 10 merks. Andrew Tunno in 
Melrose is to register the deed. The bond is written by 
George Wallace, son of James Wallace in Melrose, and 
dated at Melrose, 7 March 1647 ; witnesses, William 
Wallace, notary in Melrose, Robert Law, weaver there, 
and said George Wallace. 

1648, April 10. — Registration of Bond by Andrew 
Darling alias Easter Andro, portioner of Apletrielieves, to 
Christian Chisholme, daughter of dec. William Chisholme, 
portioner of Dernick, for 100 merks ; Andrew Blaikie, 
portioner of Melrose is cautioner ; penalty 10 merks. 
John Edgar, officer, is procurator for registration. The 
bond, written by William Wallace, notary in Melrose, is 
dated at Melrose, 9 Dec. 1642 ; witnesses, Thomas 
Lythgow, portioner of Ridpeth and William Bell, 
portioner of Easter Langlie. 

1648, April 10. — Registration of Bond by Andrew 
Darling called Easter Andro, and Peter Darling, por- 
tioners of Apletrieleives, to Bessie Chisholme, eldest 
daughter of William Chisholme, portioner of Dernick, pro- 
created between him and Christian Darling ' his last spous,' 
for 300 merks as the agreed-on price of some sheep bought 
and received from her, at least from Nicol Chisholme in 
Dernick, only tutor testamentar now in life nominated by 
her said deceased father to her ; penalty 30 1. Same 
procurator and writer ; dated at Melrose, 2 Oct. 1642, 
witnesses being said John Edgar and said William Wallace. 



1648, June 20. — Registration of Bond by Walter 
Donaldsone, portioner of Melrose, to Janet Mein, widow 
of Thomas Binzie, portioner of Newsteid, for 95 1. Scots ; 
penalty 10 1. Same procurator. The bond is written by 
George Wallace, son of James Wallace in Melrose, and 
dated at Melrose, 4 March 1648 ; witnesses William 



DISCHARGE— PRINGLE TO PRINGLE 119 

Wallace, notary in Melrose, Andrew Mein called of the 
Newhall, mason in Newsteid, and said George Wallace. 

1648, July 30. — Registration of Discharge by Alexander 
alias Ailchie Pringle, son of dec. Dand Pringle in How- 
name, to John Pringle of Williamlaw for 200 merks con- 
tained in his bond, ' quhilk obligatioun was tint and lost 
in the tyme of James Ghrame his armie and thair assosiats 
being in this part of the countrie,' and if the bond comes 
to the discharger's hands he will deliver up the same to 
be cancelled. This discharge shall not prejudge or in- 
validate another bond granted by Williamlaw to him for 
200 merks and interest, dated this day. George Wallace, 
writer of the deed, is appointed to register the same. 
The discharge is dated at Melrose, 2 July 1648 ; witnesses, 
George Messer, servitor to said John Pringle, and William 
Wallace, notary in Melrose. 

1648, July 24. — Registration of Bond by John Gibsone, 
portioner of Lessudden, to James Riddell, portioner of 
Newtoune, for 220 merks, repayable at Whit., 1637 ; 
penalty 20 1. Same procurator. The bond, written by 
William Wallace, notary in Melrose, is dated at Melrose, 
4 June 1636 ; witnesses, Patrick Riddell in St. Boswells, 
Walter Coitt there, Alexander Eillies, maltman in Melrose, 
and said William Wallace. 

1648, July 25. — Registration of Bond by James Ker 
in Melrose and Marion Hunter his spouse to John Wright, 
merchant in Melrose, for 30 1. Scots ; penalty 5 merks. 
John Edgar, officer in Melrose, procurator. The bond is 
written by George Wallace, son of James Wallace in Mel- 
rose, and dated at Melrose, 16 Jan. 1648 ; witnesses, said 
James and George Wallace, and John Bower, portioner 
of Melrose. 

1648, August 2. — Registration of Bond by Charles 
Steinsone, indweller in Craixfuird, to John Burne in 
Ersiltoune for 100 merks ; penalty 20 merks ; repayable 



120 MELROSE REGALITY RECORDS 

at Yule 1626. Thomas Allane, notary, is appointed to 
register the deed, The bond, written by John Johnstoune, 
notary, is dated at Ersiltoune, 11 Nov. 1626 ; witnesses, 
John Home, son of the Laird of Coltheanknowes, Mark 
Home [his] brother german, and William Clerk in 
Ersiltoune. 

1648, September 20. — Registration of Letters of 
Lawborrows at the instance of John Peter of Whit- 
slead, advocate, against Mr. Alexander Home of St. 
Leonards, Harry Home, burgess of Lauder, his brother, 
William Donald in , Archibald and William Home 

in Ligertwod, Andrew Shillinglaw, William Shillinglaw, 
John Dodis, Robert Dounaldsone, Archibald Gibsone, 
George Smyth, James Hall elder and younger, John Hall, 
James and Francis Murdis, Thomas Burlie, indwellers in 
Birkensyde, John Spottiswood, portioner of Blainslie, 
and William Stirling, portioner thereof, who daily molest 
him in his possession of the lands of Whitslead, Brig- 
hauche and mill thereof, in the bailiary of Lauderdale, 
and specially the said Mr. Alexander Home tills and sows 
part of the complainer's lands bewest the water of Leidder 
called hauche marching with his lands of St. 

Leonards, and breaks down the dykes and makes encroach- 
ment thereon and destroys the planting. Each landed 
person is to find caution in 1000 merks, and the rest in 
400 merks. The letters, directed to James Scott, Andrew 
Graiden, and William Wallace, messengers, are dated at 
Edinburgh, 14 March 1646. — 21 March 1646, James Scott, 
messenger, took the oath of the complainer, and charged 
Mr. Alexander Home and his brother to find caution 
[witnesses at St. Leonards, Alexander Peter, writer in 
Edinburgh, and George Home, servitor to said Mr. 
Alexander ; and at Lauder, the said Alexander Peter, 
and William Lauder, burgess of Lauder] ; and made 
intimation at the market cross of Lauder [witnesses, the 
said Alexander Peter, and John Kyll, miller of the mill 
of Lauder]. — 29 April 1648, James Scott charged John 
Spottiswood, portioner of Blainslie, to find caution in 400 



HORNING— PETER v. SPOTTISWOOD 121 

merks ; witnesses, Alexander Peter, notary, and James 
Donaldson in Blainslie. — 7 September 1648, Andrew 
Graden, messenger, at the market cross of Jedburgh 
denounced the said John Spottiswood to the horn ; 
witnesses, William Ainslie and James Robsone, merchants 
burgesses of Jedburgh, and Archibald Rutherfurd, notary 
there. — 16 September 1648, William Wallace, messenger, 
did the same at the market cross of Melrose ; witnesses, 
Alexander Uscher, officer in Melrose, and Thomas Bowie, 
multurer there. 

1648,. September 20. — Registration of Horning at the 
instance of John Peter of Quhitslaid, advocate, commis- 
sary of Peebles, following upon a Decreet, 26 Dec. 1646, 
at his instance before the bailie of the regality of Melrose 
against John Spottiswod in Blainslie and Bessie Row- 
mainhous his spouse for delivery of certain articles in as 
good condition as they received them, viz. ' ane double 
hagbut indentit with bain haveing ane rair snap work 
with scroule worne and ram stick, new drest and dicht, 
and ane cover of Inglish cloath thairon, or ellis the 
soume of xx ii usuall money of our realme of Scotland 
as for the pryce of the said hagbutt with the pertinents ; 
item, ane great cupboord or almerie of wynscott lockit 
and bandid,' or 20 merks ; ' item, ane bairnes new chaire 
of wynscott of carved work,' or 6s . ; and also 46 s. 8 d. of 
expenses of plea. The letters are dated at Edinburgh, 
25 April 1648. — 3rd August 1648, James Scott, messenger, 
served the same on the said John Spottiswoode and his 
spouse at their dwelling house in Blainslie ; witnesses, 
John Pringill and William Stirling in Blainslie, and 
Alexander Peter, notary, — 7 September 1648, Andrew 
Graden, messenger, intimated the same at the market 
cross of Jedburgh ; witnesses, William Ainslie and James 
Robsone, merchants burgesses of Jedburgh, and Archibald 
Rutherfurd, notary there. — 16 September 1648, by Wil- 
liam Wallace, messenger, at market cross of Melrose ; 
witnesses, Alexander Uscher, officer in Melrose, and 
Thomas Bowie, multurer there. 



i22 MELROSE REGALITY RECORDS 

1648, November 15. — Registration of Bond by James 
Mertone, portioner of Westhouses, and William Merton, 
his eldest lawful son, to Robert Trotter of Eister Housbyre 
for 37 1. 13 s. 4 d. Scots of borrowed money ; penalty 4 1. 
and in further security they are to enter the said Robert 
Trotter to possession of four rigs of land, viz. ' tua riges 
thairof being halff ane aiker lyand betuixt the gate that 
leids betuixt Galtonsyde and Coblecleuch, ane ruide of 
the samen lyand in the Stonieheips, and ane uther ruid 
thairof lyand at the west yet,' teindsheaves included, in 
the town and territory of Galtonsyde and Westhouses, 
and failing redemption thereof at Martinmas next the 
same shall not be redeemable for other three years, and 
so forth in periods of three years. George Wallace, son 
of James Wallace in Melrose, writes the deed, which he 
is empowered to register ; dated at Melrose, 29 May 1648 ; 
witnesses, George Bell, portioner of Ridpeth, John Lidder- 
daill, burgess of Selkirk, and said George Wallace. 

1648, November 18. — Registration of Bond by Andrew 
Bryden, portioner of Lessudden, to Steven Bulman in 
Langnewtoune for 100 merks of borrowed money ; penalty 
10 1. Same procurator. The bond is written by Mr. 
Andrew Halliburton, notary, and dated at Langnewton, 
1 July 1640 ; witnesses, said Mr. Andrew, and William 
Bulman, son of said Steven. 

1648, December 16. — Registration of Bond by Walter 
Donaldsone, portioner of Melrose, to Alexander Mein, 
mason in Newsteid, and Bessie Bunzie his spouse, and 
Bessie Mein their daughter, for 80 1. Scots ; penalty 10 1. 
John Edgar, officer in Melrose, is to register the deed, 
which is written by William Wallace, notary in Melrose, 
and dated at Melrose, 6 Nov. 1645 ; witnesses, Alexander 
Eillies in Melrose, and George Wallace, son of James 
Wallace there. 

1649, January 13. — Registration of Bond by Walter 
Donaldsone, portioner of Melrose, for 144 1. Scots received 



DISCHARGE— LITHGOW TO CAIRNCROSS 123 

from Thomas Lythgow, portioner of Ridpeth and Melrose, 
in name of Helen Fischer, eldest daughter of Alexander 
Fisher of Sorrollesfeild, to be repaid to the said Helen by 
Martinmas 1645 ; penalty 20 merks. George Wallace, son 
of James Wallace, is to register the deed, written by the 
said James, and dated at Melrose, 18 May 1645 ; witnesses, 
Alexander Eillies, portioner of Melrose, James Eillies his 
eldest son, and William Wallace, notary. 

1649, April 19. — Registration of Bond by John Mofnt 
in Threipwode and Robert Mofnt his brother to Thomas 
Elphingstone, weaver in Gallosheills, for 100 merks, 
repayable at Mart., 1646 ; penalty 10 1. Same pro- 
curator. The bond is written by Thomas Murray, notary 
in Lauder, and dated at Lauder, 24 Feb. 1646 ; witnesses, 
William Allane, burgess of Lauder, John Murray, the 
writer's son, and William Hendersone, burgess there. 

1649, April 24. — Registration of Discharge by Thomas 
Lythgow, portioner of Ridpeth and Melrose, to James 
Cairnecroce now of Calfhill, Thomas Steinsone sometime 
in Ladupmore now in Craixfuird, and William Steinsone 
there his brother, for 200 merks and 20 1. of expenses con- 
tained in their bond to him dated 28 June 1643 and a 
decreet 20 March last. Alexander Uscher, officer in 
Melrose, is appointed to register the deed, which is written 
by George Wallace in Melrose and dated at Melrose, 24 
April 1649 ; witnesses, Alexander Fischer of Sorrelles- 
feild, and William Wallace, notary in Melrose, and the 
said George Wallace. 

1649, May 15. — Registration of Bond by John Frater 
in Langhauch to John Turnebull in Threipwod for 80 1. 
Scots of borrowed money. ' Conforme to ane decreit 
obteinet at the said compleinares instance against me 
befor the baillies of Melros ' [sic], repayable at Beltane, 
3 May 1649 ; penalty 20 merks. Same procurator. The 
bond is written by Francis Murray, notary in Selkirk, 
and dated at Galloscheills, 9 Nov. 1648 ; witnesses, John 



124 MELROSE ROGALITY RECORDS 

Hall, portioner of Threipwod, and the said Francis 
Murray. 

1649, August 23. — Registration of Bond by Andrew 
Gray of Wester Langlie to Andrew Pringle, brother german 
of Robert Pringle of Blindlie, for 70 I. Scots, repayable on 
25 March 1641 ; penalty, 10 bolls of bear and the sum of 
30 1. Same procurator. The bond is written by John 
Scot, notary, and dated at Gallosheills, 3 March 1641 ; 
witnesses, John Cruix in Gallosheills, and William Hutche- 
sone, ' doctor of the schoole ' of Gallosheilles. James 
[sic] Scot, notary, signs for the granter. 

1649, September 29. — Registration of Bond by Robert 
Darling [Stirling in margin] in Blainslie to John Peter 
of Whetslaid, advocate, for 50 1. Scots for the ' maill ' of 
three acres of land in Brighauch pertaining to him and 
possessed by the said Robert for crop 1647, also 50 merks 
as the agreed-on price of the said acres of land, crop 
1648 ; the two sums to be paid respectively at Lammas 
next and Lammas 1650 ; penalty 10 1. Alexander Peter, 
notary, is to register the deed, written also by him, and 
dated at Blainslie, 15 June 1649 ; witnesses, Thomas 
Darling, son of Thomas Darling in Blainslie, John Dunce, 
smith there, and William Waddell in Wheatslead. Signed 
' Ro* Stirling [sic] w* my hand tuchand the pen,' etc. 

1649, October 13. — Registration of Bond by George 
Bowstone, portioner of Brigend, to Andrew Sclaitter, 
indweller in Gallosheills, for 31 1. 10 s. for some oats pur- 
chased ; penalty 10 merks. George Wallace in Melrose 
is to register the deed, written by James Scot, notary, 
and dated at Galloscheills, 14 March 1649 ; witnesses, 
William Williamsone and John Halden there, and Philip 
Darling. 

1649, October 24. — Registration of Bond by Mungo 
Kyll, portioner of Lessudden, to Stevin Bulman in Lang- 
newton for 50 merks, repayable at Midsummer ; penalty 



BOND— KYLL AND UNIS TO BULMAN 125 

10 1. Alexander Uscher, officer in Melrose, procurator. 
The bond is written by John Bucchane, notary, and dated 
at Langnewtoune, 21 June 1648 ; witnesses, David Adam- 
sone in Langnewtone, and Walter Allane there. 

1649, October 24. — Registration of Bond by Mungo 
Kyll and John Unis, portioners of Lessudden, to Stephen 
Bulman in Langnewton for 100 merks, repayable at 
Whit., 1645 ; penalty 10 1. and annualrent of 8 merks 
for the 100. Same procurator. The bond, written by 
John Bucchane, son of John Bucchane of Belchismilne, is 
dated at Langnewtoune, 15 June 1645 ; witnesses, George 
Adamsone, officer in Langnewtoune, and said John 
Bucchaine, writer. 

1649, October 24. — Registration of Bond by Mungo 
Kyll, portioner of Lessudden, to Stephen Bulman in 
Langnewtoune for 54 1. Scots ; penalty 10 1. and interest 
at 10 per cent. Same procurator and writer ; dated at 
Langnewton, 27 May 1644 ; witnesses, George Adamsone, 
officer in Langnewton, and Walter Allane there. 

1649, November 10. — Registration of Bond by Thomas 
Law, younger, indweller in Pharniehairst, to Andrew 
Brydden, indweller in Camistone, for 20 1. Scots, payable 
at Mart., 1646 ; penalty 10 merks. Same procurator. 
The bond is written by Thomas Allane, notary, and dated 
at Jedburgh, 16 March 1646 ; witnesses, said Thomas 
Allane, and Hector Cranstoune, son of dec. James 
Cranston, notary, burgess of Jedburgh. 

1649, November 13. — Registration of Bond by Walter 
Donaldsone, portioner of Melrose, to Thomas Chisholme, 
servitor to James Vogane in Whytmurhall, for 80 1. Scots, 
repayable at Mart., 1649 ; penalty 10 1. Same pro- 
curator. The bond is written by George Wallace, son 
of James Wallace in Melrose, and dated at Melrose, 23 
Dec. 1648 ; witnesses, William Chisholme, portioner of 
Eildon, and said George Wallace. 



126 MELROSE REGALITY RECORDS 

1649, November 16. — Registration of Bond by John 
Moffitt, portioner of Threipwod, to James Eillies, servitor 
to the Earl of Hadingtoune at Tynninghame, for 100 
merks and half a year's interest from Mart, last, repayable 
at Whit., 1644; penalty 10 1. same procurator. The bond 
is written by William Wallace, notary in Melrose, and 
dated at Melrose, 13 Dec. 1644 ; witnesses, Alexander 
Eillies in Melros, and William Wallace, son of James 
Wallace there. 

1649, November 19. — Registration of Bond by George 
Bowstone, weaver in Brigend, to James Turneor, present 
servitor to Hew Bell in Langlie, for 48 1. Scots, repayable 
at Michaelmas 1649 ; penalty 3 1. Same procurator. 
The bond, written by Andrew Tunno, elder, notary in 
Melrose, is dated at Melrose, 12 Jan. 1648 ; witnesses, 
Adam Sheill, servitor to said Andrew, and James Edgar, 
son of William Edgar, portioner of Melrose. 

1649, November 20. — Registration of Discharge by 
John Andersone, merchant burgess of Edinburgh, eldest 
lawful son of dec. Alexander Anderson, portioner of New- 
toune, and heir to dec. John Anderson, portioner there, his 
goodsir, with consent of Janet Andersone his mother and 
taking burden on him for all other heirs and executors of 
his said father and goodsir, in favour of Christian Turne- 
bull, widow of Robert Wode, portioner of Newtoune, for 
herself and all other his heirs and executors, for all sums 
of money, disbursements, furnishings, claims, rents, pro- 
fits and duties of lands, etc., which he may ask or claim 
by word or writ. George Wallace, servitor to William 
Wallace, notary in Melrose, is appointed to register the 
deed, written also by him, and dated at Melrose, 19 Nov. 
1649 ; witnesses, William Ker, portioner of Newtoune, 
Michael Wallace, son of William Wallace, John Halli- 
wooll and the said George Wallace, his servitors. 

1649, November 26. — Registration of Bond by Grizel 
Ker, indweller in Dernick, to Andrew Mein, mason, elder, 



BOND— KER TO MEINS 127 

portioner of Newsteid, and Robert Mein his eldest lawful 
son, for 50 merks, for repayment of which to the said 
Robert, whom failing to his father, John Uscher, por- 
tioner of Dernick, is cautioner ; penalty 5 1. The pro- 
curator for registration is Alexander Uscher, officer in 
Melrose, and the bond is written by George Wallace, 
servitor to William Wallace, and dated at Melrose, 10 
Dec. 1645 ; witnesses, Andrew Mein, son of Alexander 
Mein, mason in Newsteid, William Mein, son of said 
Andrew, and said George Wallace. 

1650, January 12. — Registration of Bond by Walter 
Donaldsone in Melrose to Janet Notman, servant to John 
Wauch in Melrose, for 50 merks, payable at Mart. 1637 ; 
penalty 5 merks. George Wallace in Melrose is pro- 
curator. The bond is written by the granter, and dated 
at Melrose, 28 Dec. 1636 ; witnesses, John Wright, servant 
to John Wauch in Melrose, and James Wauch there. 

1650, February 11. — -Registration of Bond by William 
Ladlaw, portioner of Newtoune, to James Wallace, smith 
in Bowdoune, for 80 1. Scots ; penalty 10 merks. Same 
procurator. The bond is written by John Tunno, notary 
in Melrose, and dated at Melrose, 11 Feb. 1643 ; witnesses, 
Andrew Tunno, notary in Melrose, Robert Bradie in 
Eildon, and said John Tunno. 

1650, February 16. — Registration of Bond by James 
Davidsone, portioner of Blainslie, now in Elibank, to 
John Wod, merchant burgess of Lauder, for 200 1. Scots, 
for repayment whereof to him, whom failing to Thomas 
Wod, his son, William Hall in Blainslie and William 
Darling, indweller there, are cautioners ; penalty 40 
merks. Clause of warrandice. Same procurator. The 
bond is written by Andrew Edmestone, notary in Lauder, 
and dated at Lauder, 16 Jan. 1640 ; witnesses, 
Trotter in Lauder, James Edmestone there, Robert 
Hendersone, burgess there, and William Romanis there. 
Thomas Murray is conotary. 



128 MELROSE REGALITY RECORDS 

1650, March 2. — Registration of Bond by George 
Greirsone, portioner of Dernick, to Stephen Bulman in 
Langnewtoun, for 100 merks, with 8 merks of interest ; 
penalty 10 1. He appoints George Griersone [sic] pro- 
curator for registration. The bond is written by Andrew 
Halliburton, notary, and dated at Langnewton, 16 Nov. 
1644 ; witnesses, Robert Patersone, smith in Langnewton, 
Walter Paterson there, and William Bulman, son of said 
Stephen. 

1650, April 10. — Registration of Bond by James 
Gastoune in Lessudden to Mark Halliburton, lawful son 
of dec. John Halliburton elder of Merton, for 140 1. Scots of 
borrowed money ; penalty 20 merks. Alexander Uscher 
procurator. The bond is written by William Wallace, notary 
in Melrose, and dated at Melrose, 11 Aug. 1648 ; witnesses, 
Thomas Lythgow, bailie depute of the regality of Melrose, 
James Eillies, portioner of Danyelton, Mr. Robert Wilsone, 
schoolmaster at Melrose, and Alexander Eillies there. 

1650, April 17. — Registration of Bond by John Eiding- 
toune, portioner of Melrose, to Janet Mein, widow of 
Thomas Bunzie, portioner of Newsteid, and Isobel Bunzie, 
their third lawful daughter, for 100 merks, repayable to 
the widow if alive, whom failing to the said Isobel ; penalty 
10 merks. Same procurator. George Wallace, son of 
James Wallace in Melrose, writes the bond, dated at Mel- 
rose, 8 Nov. 1647 ; witnesses, William Chisholme, portioner 
of Eildon, and said George Wallace. 

1650, April 22. — Registration of Bond by James 
Gastoune, portioner of Lessudden, to William Bulman, son 
of Stephen Bulman in Langnewtoune, for 86 1. 8 s. Same 
procurator. The bond is written by Andrew Hallibur- 
tone, notary, and dated at Langnewton, 28 May 1648 ; wit- 
nesses, James Paterson and John Allane in Langnewton, 
James Haitlie in Minto, and John Short, trooper. 

1650, May 18. — Registration of Bond by David Thorn- 



BOND— THOMSON TO WILSON 129 

sone, indweller in Langhauch, to William Wilson, weaver 
there, for 80 1. Scots and a year's interest ; penalty, 20 
merks. Same procurator. The bond, written by George 
Wallace, son of James Wallace in Melrose, is dated at 
Melrose, 13 Jan. 1649 ; witnesses, John Hall, portioner of 
Threipwod, and said George Wallace. 

1650, July 6. — Registration of Bond by William 
Wilsone, weaver in Langhauch, to George Bell, portioner 
of Ridpeth, for 146 merks, and a half-year's interest ; 
penalty 10 1. George Wallace foresaid is writer and pro- 
curator, and the bond is dated at Melrose, 20 Nov. 1648 ; 
witnesses, John Frater, younger, in Langhauch, William 
Wallace, notary in Melrose, and said George Wallace. 

1650, October 26.— Registration of Bond byJohnFrater, 
elder, portioner of Langhaugh, to John Blaikie in Colmeslie- 
hill, son of Margaret Turneor there, for 50 merks, repay- 
able at Mart., 1640 ; penalty 5 merks. Same procurator. 
Andrew Tunno, notary in Melrose, writes the deed, dated 
at Melrose, 30 Dec. 1639 ; witnesses, Andrew Tunno, 
younger, in Melrose, Robert Mein, cordiner there, and 
Robert Turneor in Langshaw. 

1650, November 6. — Registration of Bond by John 
Howname called Easter John, portioner of Brigend, to 
Thomas Wright in Caldsheills and William Wright his only 
lawful son, for 57 1. 6 s. 8 d. Scots ; penalty 10 merks. 
Same procurator. The writer is William Wallace, notary 
in Melrose, and the bond is dated at Melrose, 3 Jan. 
1645 ; witnesses, James Wallace, hostler in Melrose, and 
William Shisholme in Eildon. 

1650, November 11. — Registration of Bond by Thomas 
Steinsone in Craixfuird to Robert Trotter of Eister 
Housbyre and Alexander Trotter his second lawful son, for 
671. Scots in addition to a former debt, as the price of 
some ' nolt ' bought and received by him from the said 
Robert ; penalty 10 1. Same procurator, who also writes 

I 



130 MELROSE REGALITY RECORDS 

the bond, dated at Melrose, 14 June 1650 ; witnesses, 
Alexander Eillies, maltman in Melrose, and said George 
Wallace. 

1650, November 11. — Registration of Bond by said 
Thomas Steinson to said Robert Trotter and Thomas 
Trotter his third son, for 60 I. Scots as the price of some 
oats ; penalty 10 merks. Same procurator and writer. The 
bond is dated at Melrose, 9 April 1650 ; witnesses, James 
Lythgow of Drygrainge and James Eillies, portioner of 
Dainzeltone. 

1651, April 16. — Registration of Bond by William 
Laidlaw, portioner of Newtoune, and Thomas Laidlaw his 
eldest lawful son, to James Riddell there for 181 1. Scots ; 
penalty 20 merks. Alexander Uscher, officer in Melrose, 
procurator for registration ; and George Wallace, servitor 
to William Wallace, notary in Melrose, writes the bond, 
dated at Melrose and 30th July and 1650 ; 
witnesses, William and George Wallace. 

1651, July 7. — Registration of Bond by Bernard 
Wilsone, weaver in Newsteid, to James Eillies, portioner 
of Dainzeltoune, for 24 1. Scots ; penalty 4 1. Same pro- 
curator and writer ; dated at Melrose, 22 July 1650 ; 
witnesses, Michael Wallace, son of said William Wallace, 
and said George Wallace. 

1651, July 12. — Registration of Bond by Patrick 
Blaikie in Calfhill and James Howitsone in Colmesliehill 
to Thomas Law in Melrose for 801. Scots, repayable on 
St. Boswells day 1651 ; penalty 10 1. Same procurator. 
The bond is written by Andrew Tunno, notary in Melrose, 
and dated at Melrose, 19 May 1651 ; witnesses, James 
Wallace, indweller there ; James Howitsone, son of said 
James Howitsone ; Andrew Cuik, ' kirk clerk ' in Melrose. 

1651, July 27. — Registration of Bond by James Mudie, 
portioner of Dernick, to James Eillies, portioner of Dain- 



BOND— BRYDEN TO STODDART 131 

zeltoune, for 80 1. Scots and half a year's interest ; penalty 
10 I. Same procurator. The writer is George Wallace, 
servitor to William Wallace, notary in Melrose, and the 
bond is dated at Melrose, 28 July 1650 ; witnesses, James 
Eillies in Melrose, and said George Wallace. 

1651, August 1. — Registration of Bond by James Bryden 
in Lessudden to James Stoddert, servitor to the Earl of 
Hadington, for 300 merks, for repayment whereof Thomas 
Kyll is cautioner, and for the interest of 20 1, yearly. In 
default of relief, the cautioner is to be possessed of the 
granter's onstead, yard, and six butts of land with per- 
tinents. Same procurator. The bond is written by 
James Eillies, servitor to the Earl of Hadington, and 
dated at Byres, 21 Nov. 1637 ; witnesses, James Mitchell 
in Byres, and said James Eillies. 

1651, August 1. — Registration of Bond by Bernard 
Wilson, weaver in Newsteid, to William Curror in Over 
Whytlahous for 25 1. 10 s. Scots ; penalty 5 I. George 
Wallace in Melrose is to register the deed, written by 
Patrick Nicoll, notary, and dated at Selkirk, 2 May 1649 ; 
witnesses, John Andersone, burgess there, and Hew Black, 
son of dec. Hew Black merchant burgess there. 

1651, August 1. — Registration of Bond by John Flae- 
barne, portioner of Ersiltoune, to Alison Trotter, widow 
in Galtonsyd, for 100 merks ; penalty 10 1. Scots. 
Alexander Uscher, procurator. The bond is written by 
George Wallace, son of James Wallace in Melrose, and 
dated at Melrose, 18 July 1648 ; witnesses, Andrew Cuick, 
beadle in Melrose, and said George Wallace. 

1651, September 8. — Registration of Bond by Thomas 
and Andrew Steinsone, indwellers in Huntlie, to William 
Denhame, merchant in Ersiltoune, for 981. Scots, repay- 
able at Whit., 1651 ; penalty 10 1. George Wallace in 
Melrose is to register the bond, written by Nathaniel 
Weild, and dated at Morestoune, 18 April 1651 ; witnesses, 



132 MELROSE REGALITY RECORDS 

Mr. Thomas Byres, minister at Ligerwod, and George 
Byres his son. 

1651, September 23. — Registration of Bond by James 
Mudie, portioner of Dernick, to Robert Mein, eldest 
lawful son and apparent heir of Andrew Mein, mason in 
Newsteid, called of the Hall, for 42 1. Scots, for repayment 
whereof to him, whom failing to his father, William Fischer, 
son of John Fischer of Wester Housbyre, is cautioner ; with 
30 s. of interest and 6 merks of penalty. Same procurator ; 
Andrew Tunno, notary in Melrose, writing the bond, 
dated at [Melrose], 2 March 1650 ; witnesses, Alexander 
Uscher in Melrose, Robert Trotter of Housbyre, John 
Bunzie, portioner of Newsteid. 

1651, September 23. — Registration of Bond by same to 
same [son of Andrew Mein styled of the ' Newhall '], for 
100 merks, offering any two of his six acres of land in 
Dernick in security, not to be disponed by him to any other 
till the said Robert and his father are satisfied of the 
debt. George Wallace, servitor to William Wallace, is 
procurator and writes the deed, dated at Melrose, 13 Nov. 
1649 ; witnesses, John Bunzie, portioner of Newsteid, 
William Mein, son of said Andrew, and Michael Wallace, 
son of said William Wallace. 

1651, September 30. — Registration of Bond by John 
Howname, Easter, portioner of Brigend, to Patrick 
Blakie, younger, indweller in Colmeslie, for 32 1. Scots, 
repayable at Michaelmas, 29 Sep. 1651 ; penalty 5 1. 
Alexander Uschar, procurator ; written by George Wallace 
above, and dated at Melrose, ' the fiftie day ' of July 
1651 ; witnesses, Thomas Law in Melrose, and said 
George Wallace. 

[Three pages blank.] 

Here this note occurs : — 

' It is to be remarkit that thir following writtis wes 



SUBMISSION— ORMSTON AND PRINGLE 133 

laitlie found out since the former bands and obligatiounes 
wes registrat, and thairfor could not be gottin in ordourlie 
with them, bot is registrat be themselffes as followes.' 

1642, October 29. — Registration of Submission dated at 
Melrose, 22 Oct. 1642, by William Ormstoun, elder, 
portioner of Westhouses, and Jean Pringill his spouse, 
on the one part, to the arbitration of Michael Fischer, 
portioner of Darnick, and Thomas Lythgow, portioner of 
Reidpeth and Melrose, and by Robert Pringill of Blindlie 
on the other part, to the arbitration of James Pringill, 
fiar of Newhall, and James Lythgow, eldest lawful son 
of the said Thomas Lythgow, and by both to 
as oversman if need be, regarding the payment and 
satisfaction to be given by the said Robert Pringill of 
Blindlie to Ormiston and his spouse ' for the richts tittles 
entres and kyndnes quhilks they have to the landis of 
Westhouses, mylne therof, fischings upon the watter of 
Tueid, ferrie cobills and uthers possest be them,' and what 
renunciation and other securities the latter shall make to 
him, and as to terms of payment. Penalty to the party 
failing, 100 1. Scots. Thomas Allane, notary, John Edgar, 
officer, and George Wallace, son of James Wallace in 
Melrose, are appointed procurators for registration ; and 
William Wallace, notary in Melrose, writes the deed ; 
witnesses, said William Wallace, John Kyle in Ersiltoune, 
and William Bell now in Corsbie, and Alexander Eilleis 
in Melrose. — Decreet arbitral, dated at Dernick, 29 Oct. 
1642, by said arbiters ordaining Blindlie to pay Ormiston 
and spouse 1600 merks, or consign same for their use in 
hands of William Fischer, indweller in Old Melrose, 
before 7 Nov. next, and ordaining Ormstoune and spouse 
to renounce their lands of Westhouses, with houses, 
yards, mill, mill-lands, cobles, fishings, etc., and all their 
interest and possession, in favour of Blindlie and his 
heirs heritably, before 10 Nov. next, and to flit and 
remove, with their families, cottars, millers, coblemen, 
fishers, goods and gear, ' except only William Ormstoune, 
younger, their son, for quhom they ar not heirby 



134 MELROSE REGALITY RECORDS 

obleidged and wha is not comprehendit heirin,' and 
deliver the keys. Penalty of the party failing, 100 merks. 
Same procurators and writer ; witnesses, John Fischer 
in Drygrainge, Hew Bell in Easter Langlie, and said 
William Wallace. 

1642, October 31. — Registration of Submission dated at 
Westhouses 30th and Melrose 31st January 1643, by 
Robert Pringill of Blindlie on the one part, to arbitration 
of James Pringill, fiar of Newhall, and by William Orms- 
toune, younger, eldest lawful son of William Ormestoune, 
elder, now indweller in Melrose, on the other part, to the 
arbitration of Michael Fischer, portioner of Dernick, re- 
garding Ormstoune's interest in the same subjects and 
what Blindlie is to pay to him. Penalty 100 merks ; same 
procurators and writer ; witnesses [at Westhouses], 
Andrew Pringill, brother of said Robert, and said William 
Wallace [at Melrose] ; James Lythgow, portioner of Reid- 
peth, and said Andrew Pringill and William Wallace. — ■ 
Decreet arbitral, dated at Dernik, 8 Feb. 1643, by said 
arbiters, ordaining Ormstoune to flit and remove from 
' the leich [sic] house and barne with the barne yaird 
therof presentlie possest be him lyand in the town of West- 
houses,' and enter Pringle thereto, before 11 Feb. inst., 
and deliver all writs made to him and his predecessors 
concerning the lands of Westhouses, mill, fishings, cobles, 
etc., and a discharge for all debts and claims, and ordaining 
Blindlie to grant to him and his heirs a bond for 1400 
merks payable at Lammas 1643, and 100 1. Scots of ex- 
penses in case of failure, with full discharge of all other 
claims and debts. Same writer ; witnesses, Hew Scott of 
Gallascheills, Thomas Lythgow, portioner of Reidpeth 
and Melrose, James Lythgow his eldest lawful son, and 
said William Wallace. 

1643, August 24. — Registration of Submission dated at 
Melrose, 4 Aug. 1643, by Robert Pringle of Blindlie on the 
one part, to the arbitration of Michael Fischer, portioner 
of Darnick, and by Andrew Ormstoune in Easter Langlie 



INHIBITION— HENDERSON v. HALLS 135 

on the other part, to the arbitration of James Lythgow, 
portioner of Reidpeth, as to the satisfaction to be made 
by Blindlie to Ormstoune ' for the wrangs done be him 
to the said Andro upon the last day of last by- 

past,' and the terms of payment. Penalty to party 
failing, 401. Scots. John Tunno and Thomas Allane, 
notaries, and John Edgar, appointed to register the deed, 
written by William Wallace, notary in Melrose ; wit- 
nesses, Andrew Duncansone, minister at Lessudden, 
Thomas Lythgow, portioner of Melrose, William Bell in 
Eister Langlie, and Alexander Eillie [sic], portioner of 
Melrose. — Decreet arbitral, dated at Melrose, 23 Aug. 
1643, by said arbiters, ordaining Pringle to pay to Orms- 
toune 120 L Scots before 1 Nov. next, and grant discharge 
of all claims and especially letters of law-borrows raised 
by him against Ormstoune, and ordaining the latter to 
grant discharge of all claims and particularly to renounce 
all his interest in the lands of Westhouses, manor-place, 
mill, yards, fishings, cobles, etc., ' quhilk somtyme per- 
taind to umquhill William Ormstoune his father and his 
predicessors.' Same penalty ; same writer ; witnesses, 
Hew Scott of Gallascheills and said William Wallace. 

1645, July 3. — Registration of Bond by Andrew Darling, 
portioner of Appeltreleives, to James Hadden, indweller 
in Galashiels, for 151 1. Scots ; penalty 20 merks. John 
Edgar is procurator. The bond is written by James 
Browne, notary, and dated at Galashiels, 13 May 1644 ; 
witnesses, John Freir, Robert Freir, Adam Paterson, 
in Galashiels. 

1646, June 8. — Registration of Inhibition at the instance 
of Mr. Charles Henderson, commissary of Lauder, and 
Eupham Scott his spouse, and Anna Henderson, his 
lawful daughter, narrating a contract between him and 
his spouse on the one part and Robert Hall, portioner of 
Threipwood, and John Law [sic], his eldest lawful son, 
fiar thereof, on the other part, dated 15 May 1641, whereby 
for 1600 merks the said Robert and John Halls [sic] sold 



136 MELROSE REGALITY RECORDS 

to the complainer and his spouse and their heirs, whom 
failing his heirs and assignees, their 1| husband land in 
the town of Threipwood, with houses, yards, meadows, 
moss, muir, pasturage, etc., redeemable before or at Whit., 
1644, otherwise irredeemable ; also a Bond, 1 March 1642, 
by James Moffet, portioner of Threipwood, to him and his 
spouse, whom failing to said Anna Henrysone * their 
laufull dochter ' and her heirs and assignees, for 500 
merks, and 1001. of expenses and 101. penalty, and promis- 
ing to infeft them in security thereof in his husband land 
in Threipwood. The said Robert and John Hall and 
James Moffet are inhibited to dispone otherwise of their 
property till they fulfil the premises. The letters, directed 
to Thomas Murray, messenger, are dated at Edinburgh, 
14 Apr. 1643. — 8 May 1646, said messenger served the 
letters on the said persons at their dwellings in Threip- 
wood, and also intimated same at market cross of Melrose, 
and at that of Jedburgh ; witnesses [at Threipwood], 
John Mitchell, cordiner in Lauder, and Edward Rolmain- 
hous [at Melrose] ; said John Mitchell, and Thomas 
Hunter [at Jedburgh] ; said John Mitchell, and Adam 
Cranstoune, burgess of Jedburgh. 

1646, June 15. — Registration of Bond by John Willson 
in Collilaw to John Scheill in Ersiltoune for 58 1. Scots of 
borrowed money ; penalty 10 merks. Alexander Uschar, 
procurator. The bond is written by Andrew Admis- 
toun, notary in Lauder, and dated at Ersiltoune 23 Feb. 
1638 ; witnesses, Mr. John Daes in Huntliewood, John 
Scheill, son of said John, and Thomas Learmouth in 
Ersiltoune. 

1646, July 11. — Registration of Bond by James Scheill 
in Craiksfuird and Thomas Steinson there, and Thomas 
Liddis there, to George Currer of Howden for 82 1. 16 s. 
Scots as the price of lambs bought by them ; to be repaid, 
failing him, to George Currer his son ; penalty 10 1. Same 
procurator. The bond is written by Alexander Peter, son 
of David Peter commissary depute of Peebles, and dated 



DISCHARGE— FRIERS TO BOUSTOUN 137 

at Melrose, 1st August 1645 ; witnesses, the said Alex- 
ander Peter, Edward Horsburgh in Bankreiff, Andrew 
Tunno, notary in Melrose, and James Moffet of Threip- 
wood. 

1647, December 6. — Registration of Discharge by 
Robert Frier, eldest lawful son of Archibald Frier portioner 
of Gattounsid, and taking burden for Isobel Boustoune his 
wife, to Thomas Boustoun called of the Know, portioner 
of Gattounsid, for 700 merks, being the tocher promised 
with said Isobel his daughter and contained in their 
contract of marriage dated at Melrose, 24 July 1636, and 
that in full of all they can claim by the decease of said 
Thomas Boustoun or Agnes Huntar his spouse unless by 
legacy. George Wallace is procurator, and William 
Wallace, notary in Melrose, writes the deed, dated at 
Melrose, 15 Nov. 1639 ; witnesses, Mr. John Knox, 
minister at Bouden, Mr. Thomas Ker, portioner of Melrose, 
Alexander Eilleis, maltman there, and John Edgar there, 
his son-in-law. 

1651, August 1. — Registration of Bond by James 
Pringill of Newhall and John Pearson there [his tenant], 
to John Turnbull of Meikle Catpair for 200 merks of 
borrowed money ; penalty 20 1. Same procurator. The 
bond, written by John Johnstoune, notary, is dated at 
Stow, 25 Nov. 1644 ; witnesses, Andrew Greirson, and 
James Scot, son of James Scot, messenger in Stow. 

[Some blank leaves end the volume.] 

1657 to 1661 

The Court of the Lordship, regalitie and jurisdictioun 
of Melroisland, haldin within the tolbuith of Melrois 
be Gideon Jacksone, youngest lawfull sone to the 
deceist Robert Jacksone of Lochhouses, baillie deput 
of the said regalitie to ane noble erle Johne, Erie 
of Hadintoun, Lord Bynning and Byres, etc., lord 
of the said regalitie and baillie principall thairof, 



138 MELROSE REGALITY RECORDS 

conforme to the said noble Erie his lettre of baillie- 
arie grantit be him to the said Gideon thairupon, 
producit be him of the daitt thairin conteinet, 
wpon the 28th Marche j m vj c and fiftie sevin yeires. 
Court affirmitt, etc. 

Decreet, The which day the said Gideon Jacksone, baillie 

BrotheAtones deputt foirsaid, sittand in judgement, Anent the clame 
spouse^ intentit and persewit befor him at the instance of Johne 

Patoun in Lessudden againes James Archibald there and 
Jennett Brotherstounes his spous beirand them to be 
justlie adebtit and auchtand to him the sowne of four 
punds 13 s. iiij d. quherof four pundis for malt bocht and 
receaved be them from him at Mertymes last and the 
13 s. 4 d. of borrowit monie quherof they promeist him 
payment schortlie thaireftir and yit refuisses. Decernes 
wpon the persewers aith being referrit thairto be the 
defenders. 2 dyett. ex. ex. 1 12 s. 
Decreet, Anent the clame persewit be Issobell Andersone, relict 

Ben. 6 ™ " 6 *" of umquhile Alexander Andersone, portioner of Ridpeth, 
lyferentrix of the lands and utheris underwrittin, now 
spous to John Mein, portioner of Newsteid, and her for 
his entres, againes George Bell portioner of Ridpeth, 
beirand him to be justlie adebtit and auchtand to them 
twa bollis thrie furlottis ferme beir comptand fyve meikle 
fulls to each boll of the mett and mesour of Melros and that 
as for the ferme and dewtie of ane portioun and part of 
ane husband land in Ridpeth pertening to the said Issobell 
in lyferent as said is and possest be the said George Bell 
and sett be hir said husband to him about . . . yeirs 
since or thairby and dew to be payit be him to them for 
the ferme of the cropt last bypast 1656, and that betuixt 
the feast of Yuill last and Candlemes nixt, and albeit it 
be trew and of veritie that they had oft and diverse tymes 
desyret him to delyver to them the said ferme beir yit 
nevertheles he wrongouslie refuist postpounet and deferrit 



1 Ex. ex. occurs at the end of most of the decreets, and refers to expenses of 
extracting. 



ACT ANENT JURYMEN 139 

to doe the samene conforme to his faithfull promeis maid 
to the said John Mein at severall tymes thairanent without 
he be compellit : Both pairteis referrit the determinatioun 
of the questioun of assessement propounet be George Bell 
to Andro Cairncroce portioaer of Ridpeth with powar to 
him to decerne thairin and report this day, which the 
judge ordaines him to doe. Sic subscribitur, Johne Mein, 
George Bell. Andro Cairncroce his report : — Thair is 
gevin be George Bell sevin punds viij s. Scottis for ten 
monethes asses and a half begining the first Merche 1656 
and ending the last December 1656 pertening to John 
Mein ; this of veritie, subscrivit with my hand at Ridpeth 
the 4th Merche 1656, sic subscribitur, Andro Cairncroce. 
Mair for January and Februar 1657 and his part of my 
Lord Lothianes monie xxxviij s. iiij d. by the report sett 
doune in John Meines bill ; this of veritie, subscrivit with 
my hand at Ridpeth 28 Merche 1657, sic subscribitur, 
Andro Cairncroce. Nota, George Bell receaved 4 lib. 8 s., 
restis allowit to him 4 lib. 18. 4 d. The baillie ordaines 
the defender to delyver the beir and the persewar to allow 
the asses. 

Anent the clame or suplicatioun gevin in be William Act anent the 
Bell in Galtounesyd makand mentioun that quhair in the Gattonside. 
moneth of May 1655 he wes ordainet and appoyntit ane 
of the jurie of this court anent the ordour taking betuixt 
nichtbour and nichtbour in the towne of Galtounesyde 
of onie differences that sould be or happen to arryse 
betuixt nichtbour and nichtbour, and the said William 
finding that of himselff he cannott goe about and performe 
the samene without the help and assistance of the persones 
wnder writtin, they ar to say, James Bowstoun, officer 
in Galtounesyde, Andro Marr thair, Thomas Bowstoun 
callit Eistcoitt there, Robert Freir there, Johne Hallie- 
wooll, Nether, thair, and John Dinand thair, thairfor 
necessar it is that the persones abone named be adjoined 
with him for decyding of onie contraversie or differrence 
that sail arryse betuixt nichtbour and nichtbour in the 
said towne, and desyret the baillie deput forsaid to tak 
thair oathes for doing of thair dewtie and that ane act of 



140 



MELROSE REGALITY RECORDS 



court micht be extractit thairupon conforme to the ardour 
observed in the lyke caisses. 28 Merche 1657 compeired 
the haill foimamed persones except only Robert Freir and 
was adjoyned to the said William Bell and gave thair 
aithes defideli administratione. 



Decreet of 
transferring, 
Merser v. 
Darling. 



Melrose, 18 April 1657, G[ideon] Ja[ckson] 

On 13th January 1644 James Merser, then in Nether 
Burnes of Galloscheills, now in Galtounesyde, pursuer, 
obtained decreet before the deceased Hew Scott of Gallo- 
scheills, bailie of this regality for the time, and a decreet 
interponed thereto on 2d September 1648 by the deceased 
Thomas Lythgow, also bailie thereof for the time, ordain- 
ing Andrew Darling called Eister Andro, portioner of 
Apiltrieleives, to pay to him 26 I. Scots of principal and 
36 s. of expenses. The defender being disobedient, the 
bailie is asked to interpone his decreet, that execution may 
follow. This is granted. 1 diet. 



Decreet, 
Vogane v. 
Cuthbertson. 



Decreet, 
Hietoun v. 
Hunter. 



John Vogane in Fauchhill sues William Cuthbertsone 
in Erlleistoun for 40 s. Scots as the balance of the price 
of oats bought at Candlemas a year past and promised to 
be paid last Whitsunday. Decerned on second diet, as 
confessed ; with 6 s.[?] 8 d. of expenses. 

Alexander Hietoun in Dernick sues Thomas Hunter 
in Lessudden for 14 I. Scots borrowed six years ago, and 
a boll of pease promised seven years ago ; for the incaist 
of a stake of beir,' price of the boll of pease 15 1. De- 
fender denies and refers to pursuer's oath, and thereupon 
decerned, * reservand modificatioun for the peis.' 



Decreet, 
Pringill v. 
Darling. 



On 27th December 1656 Jean Pringill, wife of Thomas 
Feirgreive, obtained decreet against Eupham Cairncroce, 
lawful daughter of the deceased Nicol Cairncroce 
of Calfhill, for repayment of 10 1. 13 s. 4 d. of principal 
and 16 s. expenses of plea ; in terms whereof she caused 
John Fennick arrest in the hands of James Darling in 



PERSONS TO COMPRYSE 141 

Apiltrieleives 14 1. or thereby due by him to the said 
Eupham, which he refuses to make forthcoming. The 
bailie ordains him to make the said sum forthcoming. 
2 diet. 13 s. 4d. expenses. 

The persones efternamed wes nominat and appoyntit 
for compryseing, they are to say, William Edgar in Melrois, 
Alexander Eilleis there, James Eilleis, weivar, James 
Wallace, Mungo Donaldsone, Adame Lythgow, George 
Blakie, Thomas Lookeupe, John Wallace, smyth, quha 
each one of them efter utheris being personallie present 
gave thair aithes de fideli administrations. 

Melrose, 2 May 1657 : G. Jackson 

On 10th May 1656 James Donaldsone, portioner of Decreet 
Blainslie, obtained decreet against James Davidsone, D^nafdsolfi'. 
portioner there, for 100 merks and 4 I. of expenses, before Davidson - 
James Lythgow of Drygrange, then bailie of regality. 
The defender refuses to pay, so the bailie is asked to 
interpone his decreet. Decerned as craved, with 50 s. 
expenses. 

Malie Wilsone, widow of Robert Forsane, miller in Decreet, 
Newsteid, sues John Winterope in Erlleistoune for 6 1, winterope. 
Scots due by him to her said husband, as the price of meal 
bought six years ago. Referred to pursuer's oath, and 
decerned. 2 diet. 13 s. 4 d. expenses. 

Janet Burne in Melrois sues Henry Smaill in Lessudden Decreet, 
for 50 s. Scots as the balance of the price of victual bought smai?i w " 
by him from her deceased husband six or seven years ago. 
Defender not compearing, decerned upon pursuer's oath, 
with 8 s. expenses. 

Complaint by John Fischer of Westhousbyre against Absolvitor. 
Bessie Rolmanus, widow in Blainslie, who lately obtained RoTmanus. 
decreet against him before this court as cautioner for 
Archibald Ellott his son-in-law to pay a boll of bear or 
10 1. as the price thereof to her ; but the said Archibald 



142 MELROSE REGALITY RECORDS 

paid the same to Robert Pringill of Blindlie, heritor of 
these lands in Blainslie then possessed by the deceased 
John Spottiswood her husband, from whom the said 
Archibald bought corn in Blainslie, crop 1653. The 
defender not compearing, the complainer is absolved, 
upon the said Archibald's oath. 

Decreet, John Haitlie in Huntliewood sues William Cairncroce 

Ca a irnc e ro ce . of Old Melrois for 22 1. 13 s. 4 d. Scots as the agreed on 
price of nine stacks of peats bought and led in to his house, 
four in 1650 at 50 s. each and five in summer 1656 at 
46 s. 8 d. each, extending to 21 1. 13 s. 4 d., and for ' tur- 
ring ' received by his daughter on Skyres thursday four 
years ago, 24 s. Defender not compearing, decerned on 
pursuer's oath. 2 diet. 

Decreet, James Smyth in Moshouses, because Andrew Cairncroce 

Cairncroce. °f Colmeslie refuses to obtemper two decreets given by 
this court on 31st January 1657 for paying to the pursuer 
53 s. 4 d. with 6 s. 8 d. expenses of plea, and relieving him 
at the hands of Isobel Smyth, wife of John Notman in 
Colmeslie, of the sum of 4 1. 10 s., desires the bailie to 
interpone his decreet that execution may proceed. This is 
done, 1 diet, new expenses 12 s. 8 d. 

Alexander v. Richard Alexander in Moshouses and James Davidsone, 
portioner of Blainslie, before Yule 1656 agreed before 
witnesses as to a promise made by Davidson to the pursuer, 
a tenant to Lord Elibank in the lands of Moshouses, in 
the year 165 . . . that the pursuer should pay no more than 
the due proportion then put upon that room for outrigging 
of horses and arms the said year ; yet Davidson has 
obtained decreet against Alexander for 17 1. 10 s. and 
intends to poind him therefor, whereas seven men should 
pay the sum, viz. Thomas Haitlie, George Thomesone, 
William Smyth, Andrew Hislope, and the pursuer and his 
two men. The pursuer absolved, upon his oath, for 
5 I. thereof, and Davidson ordained to pay 12 1. with 20 s. 
of expenses. 3 diet. 



Davidson. 



ACTION REGARDING TROUPER'S HORSE 143 

William Fischer, portioner of Easter Langlie, sues John Fischer v. 
Pringill of Williamlaw for 4 I. 14 s. Scots ' payit out be him nns e ' 
to William Cairncroce of Old Melros for him and that as 
for his dew proportioun and rest of the proportioun of 
ane troupers horse bocht fra the said William Cairncroce 
put furth at the least sould have bein put forth in the 
expeditioun to Ingland in anno 1648, quhairof he is enterit 
in payment with the persewar of ane shilling sterling 
thairof and faithfullie promeist to pay the rest within 
this quarter of ane yeir since or thairby and yit refuises.' 
Defender absent, decerned for 4 1. on pursuer's oath : 
2 diet ; 10 s. 8 d. expenses. 

' John Mos, William Spottiswood, William Fischer, and 
Nicoll Merser in Dernick, nominat and appoyntit for 
cleiring of merches and utheris things contravertit being 
all present and acceptand gave thair aithes as use is.' 

Melrose, 16 May 1657 ; G. Jacksone 

John Wallace, smith in Blainslie, sues Bessie Rolmain- Wallace v. 
hous there for three pecks of bear ' conforme to the ordour omanus- 
of the towne for hir smyth work cropt 1657,' at 10 s. the 
peck. Decerned for the bear, modifying the price at 
7 I. the boll ; and 27 s. expenses. 

Janet Thomesone, widow of George Halywooll, portioner Thomson v. 
of Galtounesyd, and executor dative to him, sues Helen 
Bowar, widow in Melrois, for 26 I. 9 s. 4 d. Scots due by 
her to the defunct. Decerns on the pursuer's oath and 
production of the testament, with 26 s. 8 d. expenses. 

Complaint by Janet Brotherstounes and James Archibald, Paten v. 
her spouse, against John Patoun in Lessudden, who about 
10 years ago being her hired servant did desert her service 
for 10 weeks ; and also she bought from him 16 bolls of 
malt at 8 1. Scots the boll, and he promised to allow her 
4 s. off each boll. As to the last, the pursuer refused to 
depone, and the defender is absolved ; and he denying 
the first, a term is assigned for proof. 



144 



MELROSE REGALITY RECORDS 



Bowar. The bailie ordains Richard Sclaitter, officer in Eildon, 

to render back to John Bowar, Easter, there, a pot and stoup 
poinded from him, and John Bowar to pay 50 s. Scots for 
which it was poinded. 



Cruikshanks v. 
Darling. 



Andrew Darling, portioner of Apiltrieleives, granted 
bond on 21 Aug. 1656 to Thomas Darling, writer in Edin- 
burgh, for 9 I. Scots, with 3 1. of penalty, which bond 
Thomas Darling assigned on 6 Oct. 1656 to Alexander 
Cruikshankis, merchant burgess of Edinburgh, who now 
sues the debtor. Decerns conform to bond and assigna- 
tion produced. 



Halywell v. 
Henderson. 



Robert Halliewooll, merchant in Galtounesyde, sues 
Margaret Hendersone in Galtounsyde and Andrew Marr, 
portioner there, her son, for 41. 8 s. Scots ' for candle, 
tolbacco and uther merchand wair receaved be them and 
utheris in thair name thair servands to the use of the 
house at severall tymes within this thrie yeir.' Decerns, 
with 8 s. expenses. 



Earl of Had- 
dington v. 
sundry. 



Claim by the Earl of Hadintoun against James Cochrane, 
portioner of Lessudden, and James Turneble, portioner; of 
Newtowne, for his interest, to pay 17 1. 10 s. Scots due by 
the said James Turnbull ' for the maill and dewtie of half 
ane husband land possest be him and his mother-in-law for 
Witsonday and Mertymes 1656 and Witsonday nixtocum 
1657,' arrested in James Cochrane's hands ; who refusing 
to depone is held as confessed, 2 diet : Also against Thomas 
Hunter in Lessudden, and Alexander Hietoun in Dernick 
for his interest, to make forthcoming 16 1. arrested in 
Thomas Hunter's hands ; held as confessed, 2 diet : Also 
against William Fischer in Eister Longlie, and James 
Cairncroce in Galtounsyde for his interest, to make forth- 
coming all sums of money due by the said William to the 
said James, and all horses, nolt, sheep, corn, etc., pertaining 
to the said James and in the custody of the said William ; 
who is decerned to pay. 



ACT REGARDING TRESPASSING 145 

Anent the complaint gevin to the baillie be the inhabi- Acts among 
tants of the townes of Melros and Dainyeltoun for eating Melrose! ° f 
and destroying of thair cornes with thair horsses, oxin, 
kyne and utheris thair bestiall pasturit upon thair ground, 
and the said baillie deput, knowing perfytely the great 
hurt and damenage that they doe sustein throw the 
samen, and considdering how necessar it wer that better 
ordour sould be keipt amongest them heirefter, for thair 
awin good utilitie and proffite and for preventing of the 
lyke abuse of nichtbourheid amongest them in tyme 
comeing, hes statute and ordainet that no persone nor 
persones dwelland within the saids townes of Melrois and 
Dainyeltoun shall suffer or permitt thair horsses or utheris 
thair bestiall to goe upon thair nichtboris cornes aither 
grein or rype naither by nicht nor by day under the paines 
and penalties following to be payit be the contraveineris 
of the said act, to witt, ilk horse or meir that salbe found 
upon his nichtbouris cornes the owner of the said horse 
or meir sail pay to him whois cornes are eatin and destroyit 
iij s. Scotts ; for ilk stott, stirk or quoy abone ane yeir 
old the owner thairof sail pay to the partie skaithed twa 
schillings Scottis ; and for ilk calf within a yeir old that 
salbe found pastureing and eating upon the cornes the 
owner sail pay to the partie damnifiet ane schilling Scotts ; 
and how oftin any of the inhabitants of the saids townes 
salbe found guiltie in breaking this present act, als oftin 
they sail mak payment to the poynder of the saids guids 
of the particular sowmes abone-mentionat for ilk beast so 
fund upon his nichtbouris skaith and poyndit be him as 
said is. And for the better observeing and keiping of 
good ordour within the saids townes the said baillie deput 
gives full powar to these who sail happen to find any of 
thair nichtbouris beastis eating and destroying of thair 
cornes as aforsaid to tak them home to thair awin closses, 
and give they want closses to put them within lockfast 
doores and to continow thairin ay and quhill they be 
satisfiet and payit of the particular penulties abonewrittin 
for ilk beast that salbe fund be them eatting thair cornes 
as said is. And for that pairt of thair complaint given in 

K 



146 MELROSE REGALITY RECORDS 

be them for cutting and destroying of thair riges of brome 
that is growand in the wairds and aikers of Melrois, the 
said baillie deput doeth statute and ordaine that no per- 
sone or persones sail pull upe, cutt or howck with picks or 
instruments of thatkynd, any of the broome growand 
thereupon, notwithstanding that it doeth propperlie per- 
teine to them, bot at the sicht of William Edgar, William 
Edgar [sic], James Wallace, Andro Tunno, James Eilleis, 
weiver, Thomas Loukeupe, Mungo Donaldsone, and Adame 
Lythgow, or onie thrie or four of them, quho is to tak 
strik notice that nain of the fewaris to quhome the said 
aikeris doeth propperlie belong sail wrong one another of 
thair just proportiounes and cavillis of the said broome 
pertening to them ; and give it salbe fund that any of the 
saids fewaris or any utheris salbe taiken in the fact pulling 
and cutting any broome growing upon the saids wairds 
and aikers of Melros except it be at the sicht of the foir- 
saids persones or onie thrie or four of them who is to be 
upon the ground of the saids lands befor the cutting 
thairof, in that cais the contraveiner of this present act 
sail pay to the partie whose broome is cutt, it being first 
provin that the brome swa cutt or pullit upe doeth belong 
to his pairt and cavill thairof, the sowme of twentie schil- 
lings Scottis for the first fact, fourtie schillings for the 
second fact, and thrie punds for the thrid fact, and swa to 
be doubled proportiounallie als oft as the trespassor salbe 
found guiltie in the breach of this act ; and ordaines the 
samene to be publisched at the mercatt croce of Melros 
to the effect that none pretend ignorance heirof. Sic 
sttbscribitur, G. Jaksone ; Geo. Wallace, elk. 

Law v. Rid- Thomas Law in Melros sues Thomas Ridfoord there for 
a saddle worth 41., and 31. borrowed by him from the 
pursuer's wife, and 3 s. sterling borrowed from the pur- 
suer, and two dales at 20 s. each ; also for Ladupmure 
maintenance, Jan. and Feb. 1657 r Defender granted the 
dales and maintenance money, viz. 23 s. 4 d. Scots, decerned 
therefor ; and decerns for the saddle, 50 s., and 3 1. and 3 s. 
sterling, upon pursuer's oath, and ' ex. of principall 10 li. 9. 4. 



SUNDRY DECREETS 147 



Melrose, 30th May 1657, G. Jaksone 

Thomas Riddell, servitor to Christian Turnebull in Ridden v. 
Newtoune, sued Robert Winterope in Elleiston and Wintero P e - 
obtained decreet of this court on 25 Oct. 1655 for payment 
of 4 I. 2 s. 8 d. Scots and 6 s. 8 d. of expenses of plea, and 
now desires interposition. Decerns as above. 

John Thomesone in Melros sues Patrick Blakie, younger Thomson v. 
in Calfhill, for 6 1. Scots due and promised 6 years ago. Bryden [ " 4 
Decerned on pursuer's oath, defender absent, with 16 s. 
expenses. 

John Thomsone in Ersiltoun sues John Bryden in Thomson v. 
Lessudden for 3 1. 10 s. as balance of price of a mare Br y den> 
bought 9 years ago. Decerned on pursuer's oath, defender 
absent, with 16 s. expenses. 

Mungo Donaldsone in Melrois sues Helen Bowar for Donaldson v. 
21 1. Scots for malt bought 5 years ago, being the price Bowar - 
agreed on. Decerns for 15 1. on defender's confession, 
with 26 s. expenses. 

Complaint by Thomas Ridfoord in Melros, that Thomas Ridfoard v. 
Law, weaver there, having in 1650 earnestly desired the Law " 
pursuer ' to len to him ane boll of aittis for to give the 
Inglisches at Selkirk,' which the pursuer accordingly 
delivered at Selkirk, and having promised to give the 
pursuer a boll therefor * alssoone as wee cam from thence to 
Melrois,' now refuses to give the same or pay 14 1. as the 
price given in the country. Also he owes him 40 s. for 
the grass that grew about the pursuer's croft in 1651, and 
18 s. ' promittit be him to the persewer for conveying the 
Inglismen from Melros to Kelso in anno 1652.' Decerned 
in all, modifying the oats at 10 L, total 12 I. 18 s., with 
16 s. expenses. 



George Bell, portioner of Ridpeth, complains that John Bell v. Ander- 
Anderson, portioner there, and Isobel Anderson his '' 



son. 



148 



MELROSE REGALITY RECORDS 



mother, and John Mein her spouse for his interest, and 
William Andersone, portioner of Ridpeth, wrongously 
detain the accounts, general and particular, passed between 
the pursuer and them, specially an account of charge and 
discharge written by Thomas Persone, notary in Nen- 
thorne, signed by Isobel Andreson and her spouse and 
William Anderson, and the pursuer, and another account 
of ferms and duties for crop 1653 and bygones paid by 
George Bell to the said John Anderson. The charge and 
discharge being produced, decerns the pursuer to have a 
copy, and John Anderson to give him a copy of his account. 
Delivered presently. 



Fischer v. 
Romanus. 



John Fischer sues James Rolmainhous, who last January 
was ordained to produce a discharge of 100 merks contained 
in a decreet, but refuses. Decerns as transferred ; 20 s. 
expenses. 



Earl of Had- 
dington v. 
Darling. 



The Earl of Haddington sues Andrew Darling, elder 
and younger, portioners of Apeltreeleives, the latter for 
53 I. 8 s. 3 d. for feu and tack duty and teinds parsonage 
and vicarage of his part of the lands of Apletreeleives and 
Longhauche possessed by him for Whitsunday and Martin- 
mas 1656 ; and the former for 11 1. 6 s. 8 d. Scots for his 
part of the said feu, tack, and teind duties. Decerns as 
confessed, with 24 s. expenses to the younger and 6 s. 8 d. 
to the elder. 



Fiscal v. 
sundry. 



Complaint by the procurator-fiscal against John Merser 
portioner of Brigend, and John Merser, herd there, ' quha 
and aither of them, one the ... of this instant did 
fecht and tuilzie with utheris and did hurt and wound 
utheris with thair hands and feitt, comitting opin brallis, 
and aucht to be fyned.' Absolves upon oath. Also 
against William Ker and Mungo Eickles for fighting with 
each other with hands, fists and feet ; fines William Ker 
in 5 1., confessing, and Eckles in 5 1. for non-compearance. 



LANGSHAW MILL THIRLAGE 149 

Melrose, 13 June 1657, G. Jacksone 

William Maben in Galloscheills sues Anthony Murray, Maben v. 
for the present at Longschaw, for 41. 2 s. Scots for mer- Murra y- 
chandice bought by the deceased James Cairncroce and 
him from the pursuer, to be paid within the last six or 
seven weeks. Decerns on the pursuer's oath, defender 
absent. 

Margaret Hendersone, widow of James Mar, portioner Henderson v. 
of Galtounesyde, and James Bowstoun now her spouse, Mar- 
for his interest, complain that about two years ago Andrew 
Mar, her son, broke up a chest and took away his father's 
testament and other writs and securities, with discharges, 
worth 1000 1., and refuses to return them. Defender 
acknowledges having the testament, and a discharge of 
Thomas Williamsone's, and a bond ; all which he is to 
exhibit. 

Thomas Stenhous, portioner of Newtowne, complains stenhouse v. 
against James Wauch in Melrois for detaining from him a augh ' 
decreet obtained by him against the pursuer before Andrew 
Ker of Sinlawes, sheriff of Roxburgh, about four years 
ago, for 4 t., and 10 s. expenses, which the pursuer has paid. 
Defender granted that John Bunyie, officer, had the de- 
creet, and he is to deliver up the same with a discharge 
for the debt ; expenses 6 s. 8 d. 

Complaint by John Notman in Colmslie, tacksman of Notman v. 
the mill of Langschaw, and Patrick Scott of Langschaw, omanus - 
his master, for his interest, against the following persons, 
thirled to the said mill, who have transgressed sentences 
and decreets of the Lords of Session and bailies of this 
regality and sheriffs of Roxburgh, by abstracting as follows: 
— Bessie Rolmainhouse in Blainslie, 10 bolls of oats, the 
multure, knaveship and other duties whereof extend to 
' ane furlot of shilling and half ane furlot of meale ' ; James 
and Robert Davidsone there, each of them the number 
of whereof the multure, etc., extends ' to each ane 



150 



MELROSE REGALITY RECORDS 



Notman v, 
sundry. 



halfe ane bolle of price thairof .' Holds Bessie 

Rolmainhous confessed, modifying 4 1. Scots for her part ; 
passes from the rest. Expenses, 10s. 8d. 

Complaint by said John Notman against Archibald 
Moffit, portioner of Threipwood, John Moffit there called 
Back Sid, William Moffit there, son of the said Archibald, 
John Moffit there, also his son and James Moffit there, 
who refuse to obtemper decreet 19 April 1656 for pay- 
ment to him of certain sums. Decerns as transferred. 



Bradie v % 
Edgar. 



James Edgar, son of William Edgar in Melrose, is 
ordered to pay to John Bradie, his father's servitor, 30 s. 
Scots as price of a firlot of barley bear promised in bounty. 
Paid judicially. 



Sundry in 
Eildon v. 
Cairncrose. 



Complaint by Richard Sclatter in Yeildoune, John 
Bower there, for themselves and the rest of the feuars in 
Yeildoune, against William Cairncrose of Old Melrose 
who refuses to pay 5 1. 16 s. with 13 s. 4 d. expenses in a 
decreet at their instance against him. Judge interpones 
authority to said decreet. 



Phaup v. 
Law. 



Andrew Phaup, notary in Melrose, sues Thomas Law, 
weaver there, for 6 1. 16 s. 8 d. with 13 s. 4 d. expenses 
in decreet, 14 July 1655, by Thomas Bowie, moulterer in 
Melrose, against him, and assigned 1 June 1657 by Bowie 
to pursuer. Bowie depones he received a merk of the 
debt ; decerns for the rest. 



John Bower, Eister, in Yeildoune, fined 5 1. for deforcing 
Richard Sclatter in poinding him upon decreet for 50 s. 
Scots obtained by the neighbours of Yeildoune against 
him. 



Mark Blackie in Melrose becomes cautioner for the said 
John Bower to ' behave himself soberlie, christianlie and 
discreitlie with his neighbouris there both annent matter 
of neighbourhood and good behavior and that he sail 



EARL OF HADDINGTON'S FEUARS 151 

not callumniat non of them with his opprobrious speiches 
in tyme cuming,' under a penalty of 100 merks ; with 
clause of relief. George Wallace, notary, subscribes for 
both, who allege they cannot write. 



Melrose, 4 July 1657, Gideon Jackson 

John, Earl of Haddingtoune, superior, sues William Earl of Had- 
Taite in Laudhopemure and William Ballantyne there, sundry" "' 
and Margaret Ker, goodwife of Lawdhopemure, and 
Anthony Murray now her spouse, for their interest, in 
respect of decreet in 1650 [sic] against the said Margaret 
and spouse for 48 1. 6 s. 8 d. Scots as maill and duty of the 
room and lands of Laudhopemure and Maxpople for 
Martinmas 1655, Whitsunday and Martinmas 1656, and 
Whitsunday 1657, whereupon Alexander Uscher, one of 
the ordinary officers of this court, on 8 June 1657 arrested 
a certain sum in the hands of the said William Tait and 
William Ballantyne due by them to Anthony [Murray] 
and his spouse for maill and duty of Laudhopemure, 
Whitsunday 1657. Decerns to make forthcoming ; 40 s. 
expenses. 

Absolves Elspeth Kinneir in Edinburgh from 30 s. Johnstoune ». 
alleged promised by her to John Johnstoune in Lang- 
schaw ; for horsing of her owt of Edinburgh,' and 30 s. 
' for takeing of meale and seids to Edinburgh,' and 9 s. 
also claimed, and 30 s. alleged owing by her husband for 
a lamb, and 18 s. and other small items, the whole extend- 
ing to 6 I. 18 s., except 17 s. which she confessed was due 
by her ; the matter being referred to her oath by the 
pursuer. 

James Boustoune called of the Wynd, portioner of sheiii ». 

„ Houston. 

Gattounsid, gave bond, 3 Jan. 1654, to Margaret M Kilry, 
widow of John Scheill, portioner of Ersiltoune, for 87 I. 
Scots, with 10 1. of penalty if not paid by Whitsunday 
1654 ; which Margaret M'Kilry on 12 May 1654 assigned to 
James Scheill, portioner of Ersiltoune, her son, who sues 



152 



MELROSE REGALITY RECORDS 



Freir v. 
Murray. 



for payment. Decerns on defender's confession for 
principal, a year's interest, and penalty, as in the bond. 

Robert Freir, flesher in Gallascheills, sues Anthony 
Murray at Langschaw and Margaret Ker his spouse, 
executors dative to James Cairncrose of Calfhill, for 6 1. 
Scots due by said James to pursuer as price of flesh bought 
by him. Decerns on pursuer's oath, defenders absent. 



Absolvitor, 
Blackie. 



William Muddie, son of James Muddie in Darnicke, sues 
Patrick Blackie, younger, in Calfhill, for 3 I. of fee, a pair 
of new shoes, at 10 s., a pair of hose at 12 s., for half a year's 
service in 1650. Defender deponed ' he sould have onlie 
given three pund of fie and bounteth, and that he deliverd 
his father ane yew, quherwith he was content.' 



Law v. Ellis 
and Redford. 



Thomas Law, weaver in Melrose, sues Alexander Eilleis 
and Thomas Reidfurde there, for 6 1. Scots ' that he did pay 
owt for all bygone sesse and mentinenc since the Inglisch 
entred Scotland for half ane part of lands in the Wairds 
possest be them.' Held as confessed, each to pay half, 
being 50 s. and allowing 20 s. to be deduced for maintenance 
in 1656. 



Phaup v. 
Bullman. 



Thomas Reidfurd, portioner of Melrose, to whom 
Patrick Bullman in Moxpople owed 68 1. Scots partly of 
borrowed money and partly for victual bought and paid 
for by the said Thomas 14 years ago, to be delivered within 
a year, assigned his right thereto on 3 June 1657 to Andrew 
Phaup, notary in Melrose, who sues for payment. De- 
fender denies, and instead of further probation, his oath 
being referred to, he affirms that he paid the debt to the 
said Thomas Reidfurd and to William Reidfurd his brother, 
who had right by assignation from him. Absolved, 
reserving action against William Reidfurd for anything 
unwarrantably uplifted by him. 



Waugh v. 
Stenhouse. 



James Waugh in Melrose sues Thomas Stenhouse, 
portioner of Newtowne, for 46 1. Scots as balance of 120 1. 



BOND— BELL TO CAIRNCROSS 153 

as price agreed on for ' ane trouper meir bocht and received 
be him and remanent heretors in Newtowne from the 
persewar in anno 1650.' Defender offered to prove the 
same paid ' with malt and utherwayes at the persewaris 
directioun,' and adduced as witnesses, 1. Thomas Milne 
in Newtowne, who deponed he delivered a boll of malt 
to Helen Bowar, the pursuer's mother, in part payment, 
but whether off whole sum or off the balance claimed he 
knows not ; 2. John Milne there, deponed to same effect ; 
3. Bartholomew Walker, deponed he knows nothing 
except that Helen Bowar received three ' fulls ' of malt. 
The defender thus failing in probation and unable to 
produce further evidence, is decerned to pay 36 1. of the 
sum acclaimed, with 40 s. expenses. 

Melrose, 11 July 1657, Gideon Jackson 

Registration of Bond presented by John Pringill of 
Cortilferrie, heritor of the lands of Colmeslie and Bent- 
milne, granted by Thomas Bell in Colmeslie to James 
Cairncroce of Colmeslie, obliging himself and his heirs to 
send his corn of Langlie to be ground at the mill of Colmes- 
lie, paying only a peck for each six firlots of multure with 
the customary knaveship, ' and sail onnawayes abstract 
none of our cornes which wee sail happen to grind that 
growes upon the east syde of Langley bot sail import the 
same to the said milne and sail abyde watter and rowme 
thairat for the space of ane moneth nixt efter the cornes 
be in reddienes under the pain of dry multour in cais I or 
my tennents forsaid divert the samene to onie uther 
milne, provyding also the milleris and serveands are at the 
said milne help to thair powar the carrying of our saids 
cornes thankfullie to and from the said milne.' The bond, 
written by Alexander Wilkiesone, notary in Lawder, was 
dated at Longhauch, 4th March 1633 ; witnesses, James 
Pringill of Buckholme, John Pringill, his eldest lawful son, 
and the said Alexander Wilkiesone. Upon reading which 
bond, William Fischer, now portioner of Eister Langlie, 
and Jean Hunter, widow of Hew Bell, portioner there, 



154 



MELROSE REGALITY RECORDS 



became judicially enacted of their own free will to fulfil 
the terms of the bond, the millers and servants observing 
their part ; and the bailie interpones his decreet. 

John Scheill, portioner of Ersiltoun, found John Fischer 
of Westhousebyre cautioner for him to answer at the 
instance of Andrew Pringill in Halkburne before this court. 



Robison v. 
Fisher. 



William Robsone in Scarlaw in Lammermure sues 
William Fischer of Eister Langlie for 40 merks ' for lambs 
grasse pastured be him with the persewer three yeirs since 
or thereby ; true it is att the tyme forsaid he did pay to 
the persewer nyn pund 13 s. 4 d., and the persewer being 
awand to Archballd Eliot, son-in-law to John Fischer 
in Westerhousbyre, his brother, 17 lib. 10 s. for lambs 
bought be the persewar from him, and als true it is that he 
promitted to pay his said brother John the said 17 lib. 10 s. 
whilk made up the said fourtie merks, and he wase content 
to accept him debitor therfor, yet notwithstanding he still 
keeps up the same from the said John Fischer and refusses 
to relive him att his hands or els to pay the said sowme 
to him that he may therwith pay the said John the ane 
quherof he awght to be decerned conforme to his promise.' 
Decerns against William Fisher for the 17 1. 10 s. Further 
he is due to the pursuer two stones of cheese ' in bounteth 
of the saids lambs grasse,' or 32 s. for each stone thereof, 
Decerns therefor, with 33 s. 4 d. of expenses. 



Robison v. 
Fisher. 



The said William Robisone sues John Fischer of Wester- 
housbyre for 22 \. 10 s. Scots for the grass maill of seven- 
score and fifteen lambs pastured with the pursuer two years 
ago. Decerns for 5 1. 10 s. ' deducand the 17 lib. 10 s. of 
the whole clame which John Fischer payt to Archibald 
Eliot and to produce his goodsons discharge decucand for 
the tarre xx s.' ; expenses 13 s. 4 d. 



Moffat v. 
Scott. 



James Mofnt in Gallascheills sues William Scott in 
Calfhill for 27 1. s. 8 d. as balance of the price agreed on 
for ten ewes and lambs bought from the pursuer five years 
ago, at 6 s. 8 d. the piece. Decerns on defender's oath 



BENTMYLNE THIRLAGE 155 

for 9 I. 10 s. and absolves from the rest ; expenses, 
6 s. 8 d. 



John Johnstoune in Langschaw complains that though ^*^°^ "• 
William Bellanden in Laudhopemure was ordained by 
Anthony Murray's precept in March 1657 to pay 9 I. 6 s. 8d. 
Scots, due to the pursuer and which the said Anthony 
promised to allow in his maill, 1657, and by Mr. Archibald 
Murray's precept at that time to pay 45 s. Scots due to the 
said Mr. Archibald and which he promised to pay of corn 
silver the said year, yet he refuses. Decerns for 11 1. 6 s. 8d. 
being the full sum, with 20 s. expenses, but suspends 
execution till Martinmas. 

John Pringle of Cortillferrie, heritor of the lands of p'"^ v - 
Colmeslie and Bentmylne, complains against the following 
persons for abstracting corn from the mill of Bentmylne, 
viz. Jean Hunter, goodwife of Eister Langlie, has ab- 
stracted all her grindable corn of crops 1655 and 1656, at 
20 bolls yearly, of which the multure, etc., extends to 10 
pecks ' shilling ' and 4 pecks meal, yearly ; and of ' hum- 
melcorne ' 5 bolls yearly, whereof the multure, etc., is 
yearly 5 pecks of corn and the knaveship is ' fyve copfull 
of meale and a halff.' William Fischer has abstracted of 
crop 1656 the number of 16 bolls of oats, whereof the 
multure is 10 pecks of ' shilling ' and the knaveship half 
a boll of meal. William Fisher of Wester Langlie has 
abstracted all his grindable corn, 1655 and 1656, viz. 
60 bolls of oats, the multure being three bolls, and the 
knaveship 6 firlots of meal. Decerns against William 
Fisher only, for what is acclaimed. Not extracted. 

An account of bygone maills and duties being given in 
by the Earl of Haddington and his procurator against 
William Fischer and William Bell, who are due respectively 
92 I. 10 s. 6 d. and 83 I. 5 s. 4 d., decerns as confessed for 
both. 



156 



MELROSE REGALITY RECORDS 



Lees v. 
Pringle. 



Melrose, 18 July 1657 

Robert Leis in Buckholme sues Andrew Pringle in 
Hawckburne for 11 1, of fee as the balance of wages for a 
year's service wrought with him two years past at Whit- 
sunday. Referred to pursuer's oath, and decerned. Con- 
signed in the clerk's hands. — 17th October 1657, Robert 
Leis grants receipt of 11 1. from George Wallace, and 
discharges the same. 



Watson v. 
Henry. 



Complaint by William Watsone in Buckholme that 
John Hendrie in Allenschawis ' did wrangouslie intromett 
clipe and keile ane yow of myne att Whitsonday bygone 
ane yeir, which he hes still as yet in his custodie,' and 
ought to deliver the same to him with a ' gimmer ' and a 
lamb which she has of offspring since, and two fleeces of 
the ewe and one of the gimmer, or else 3 I. for the ewe and 
lamb and 50 s. for the gimmer. Decerns on pursuer's 
oath to restore the ewe, gimmer and lamb, with 13 s. 4 d. 
expenses. 



Pringle v. 
Davidson. 



Andrew Pringle in Haukburne sues James Davidson, 
portioner of Blainslie, as cautioner for Robert Davidson 
there, for 23 1. 14 s. as the balance of last Candlemas ferm 
due by the said Robert to him for certain lands in Blainslie 
pertaining to the pursuer and possessed by the defender, 
crop 1656. Decerns on defender's confession. 



Lauder v. 
Riddell. 



Complaint by Hew Riddell, servitor to Helen Wright, 
Lady Gledswood, and the fiscal, against Richard Lauder 
in Allenschawes, who ' in ane open mercat in the mercat 
place causleslie upon his part did take and strike him 
with his hand upon the breist, commiting therby ane 
open braule and ryot, and said he rewed bot he had clove 
him to the teith.' Absolves the defender, the lady refer- 
ring to his oath. 



Riots. 



William Bell in Gattounsid fined 10 I. for a riot upon 
John Halliwall there. 



DUNCANSON'S POINDINGS 157 

James Bower in Yeildoune fined 10 1. for a brawl on 
Eupham Cairncrose there, confessed. John Bowar, Eister, 
cautioner. 

Melrose, 8 August 1657, G. Jackson 

Andrew Tunno, portioner of Melrose, asks authority Tunno v. 
to be interponed to a precept of poinding obtained sundry - 
by Andrew Duncanson, minister at Lessudden, against 
sundry persons in Newtowne, assigned to the said Andrew 
Tunno. The judge transfers against those persons in 
Newtown who are yet alive. [No other names are given.] 

William Robisone in Scarlaw in Lamermure sues John Robison v. 
Henrie in Allenschawis for 20 I. 12 s. as maill and duty for enry " 
a piece of ground taken by him from the pursuer to pasture 
his lambs upon 2 years past last Whitsunday ; and ' for 
his mans meat dureing the tyme of his aboad with the 
lambes.' Defender asserted 10 1. paid, and now depones 
only 10 1. 12 s. resting, which he pays judicially, and is 
absolved. 

Melrose, 3 October 1657 

John Browne in Melrose sues William Ker, portioner of Portioners of 
Newtoune, Thomas Stenhouse there, Nicol Cochrane, Brown" "" 
portioner there, and the rest, for ten loads of peats at 10 s. 
the load, promised by them to him ' when he went trowper 
for them in anno 1651 ' ; absolves the defenders, as the 
pursuer refused to swear. 

William Edgar, portioner of Melrose, complains against Edgar v. 
Andrew Heitoune in Darnick for not obtempering a decreet eitoun - 
of the sheriff of Roxburgh, 6 March 1655, ordaining him 
to pay 21 1. 6 s. 8 d. Scots with 43 s. 4 d. of expenses to the 
pursuer. Decerns on pursuer's oath for 5 1. 17 s., and 10 s. 
of new expenses. 

John Bryden in, Lessuden sues Archibald [sic] and Bryden v. 
Janet Broderstans his spouse for 7 1. 13 s. 4 d. as the stones. 



158 MELROSE REGALITY RECORDS 

balance of the agreed-on price of two bolls of malt bought 
from him at Fastinseven last. Decerns on pursuer's oath, 
being referred thereto ; expenses, 16 s. 

Gibson v. Helen Gibsone, spouse to John Bowar, Eister, in Zeil- 

doun, with William Edgar, fiscal, complain of Thomas 
Meine, portioner of Zeildoune, who 20 days ago was tilling 
a ridge of land belonging to her husband, and when she 
went out to stop him he after uttering many malicious 
words struck her on the left arm. Defender referred to 
pursuer's oath, who deponed affirmative ; fined 5 1. 



Mein 



Lees v. On 17 January 1657 Richard Leyes in Caldonley obtained 

' decreet against Patrick Blackie in Calfhill for 141. 5 s. 

with 24 s. expenses, which he refuses to obey. Decerns 
as transferred, with 16 s. new expenses. 

Law v. Boston. Thomas Law, weaver in Melrose, sues Isobel Boustoun, 
servitor to Mungo Donaldsone, portioner there, for 20 1. 
' of the foirend of a greater sowme adebted be her to him.' 
The judge decerns, with 40 s. expenses. 

Beii v. Frater. Complaint by George Bell, portioner of Reidpeth against 
John Fratter, elder, in Langhauch, who owes him the 
vicarage teinds of five soumes of goods, viz. two sooms 
and a half of ewes and two sooms and a half of kine, for 
the four years 1644-1647 ; and the pursuer claims of each 
soom of ewes for lamb milk and woole 30 s. each year, 
inde 15 1. ; and for each cow's vicarage, for milk and calf, 
13 s. 4 d., total, 6 1. 13 s. 4 d. Defender absent, decerns, 
modifying 26 s. 4 d. for the soom of sheep yearly, 6 s. 8 d. 
for the soom of kine, ' principall soume xvj lib. 13 s. 4 d.' 
with 20 s. expenses. 

Hay v. Moffat. On 3d June 1648 William Moffit, portioner of Threep- 
wood, obtained decreet against Alexander Hoy, sometime 
in Threipwood, now in Blainslie, before the deceased 
Thomas Lythgow, then bailie depute, ' quherby he wase 
decerned and ordained to permit me to pasture upon his 



THREEPWOOD PASTURAGE 159 

part of the lands thereof ane sowme of goods, viz. ten 
scheip, fra Whitsonday last bypast to Whitsonday 1649, 
and sett be him to me the said space,' with 16 s. expenses ; 
and as he refuses to allow him this pasture, he ought to 
pay 5 I. for the same, ' as it gives in the towne.' Payment 
is alleged, and referred to pursuer's oath, who referred back 
to defender, who deponed absolvitur. 

John Bower, Eister, portioner of Eildoune, sues William Bower v. 
Bowar in Melrose for 51. 6 s. 8 d. for a year's maill and Bower ■ 
duty of an onstead and yard in Melrose possessed by 
defender and wadset to pursuer, and which the pursuer 
set to the defender in tack for a year preceding Whitsunday 
last. Decerns on pursuer's oath for the year's maill, and 
ordains defender to remove, and enter pursuer to the house 
and yard, conform to the contract and sasine. 

Barbara Boo, widow and executrix to William Heitoun [Boo ». Ker.] 
in Darnick, sues James Ker in Melrose, against whom her 
husband on 22 December 1655 obtained decreet for 9 I. of 
principal and 13 s. 4 d, of expenses. Judge interpones 
his decreet. 

John Pattoune in Lessudden and James Archibald [Paton v. 
deponed both judicially that they dread each other bodily 
harm. The former finds Thomas Unnes, and the latter 
Thomas Reidfuird, cautioners for their not troubling one 
another in time coming, under a penalty of 40 1. 

Complaint by Janet Brotherstanes in Lessudden and Brotherstones 

v. Pax ton 

James Archibald, now her spouse, against John Pattowne 
in Lessudden, who being the pursuer's hired servant for 
half a year about ten years ago, deserted her service for 
ten weeks, whereby she lost 6 s. 8 d. per day. Referred 
to pursuer's oath, who deponed to six weeks, and the judge 
modifies 4 s. per day, with 16 s. 8 d. expenses. 

William Edgar, procurator fiscal, and John Pattoun in Paton and 
Lessudden complain against James Archibald, who de- Archibald. 



160 



MELROSE REGALITY RECORDS 



forced Alexander Hastie, officer, when sent in May 1657 
by the said John to poind upon a decreet of this court, 
' and reft the corn from him,' and also again deforced him 
in harvest. Thomas Huntar and John Richardsone 
depone that he stopped the officer and reft the corn from 
him. Ordained to find caution to pay 10 1. within 10 days 
or remain in ward. 

Moffat ». Hay. Alexander Hay, sometime portioner of Threepwood, 
now in Colmslie, complains against William Moffit, por- 
tioner of Threepwood, who being his tenant about 6 or 7 
years ago in his houses of Threepwood had the use of 
' ten jests and ane buike ' and promised to deliver up the 
same at his removal from the house ; but he removed and 
still keeps them. Defender deponed the ' buik and trees ' 
were in the pursuer's house at his removal, and he has none 
of them. Absolved. 



Bell v. Ander- 
son. 



In 1647 the teind-sheaves of a husband land were 
gathered between George Bell and William Anderson, 
portioner of Reidpeth, for paying the teind valued at 
14 1. 2 s. Scots. Anderson disponed the victual to 
George Merser servitor to Drygrainge, and Bell paid the 
teind-duty to John Porterfeild, but Anderson will not 
refund to him, nor will he pay to him 11. 2 s. disbursed 
* to a garisone at Gallascheills.' Decerns as confessed, 
being absent. 



Melrose, 17 October 1657 

Darling *-. James Merser, portioner of Gattounsid, gave bond at 

Merser. Edinburgh, 27 September 1656, to Barbara Bennet, widow 

in Edinburgh, for 8 1. Scots payable on demand under pain 
of duplication ; which she assigned on 23 January 1657 
to Adam Darling in Westhouses, who sues for payment, 
Merser is decerned to pay, conform to bond and assignation. 

Caimcross ». William Moffit in Threepwood sues William Cairncrose 

Moffat. f Allenschawis for 3 I. Scots for a firlot of oat meal and 3 1. 

for some oat straw promised in the fore-end off some 



BOWAR v. BOWAR 161 

victual the pursuer bought from him, and for the price of 
which he obtained decreet against the pursuer. Defender 
upon oath denies buying or selling from him. Absolved. 

Complaint by John Bowar, Wester, portioner of Eildoun, Bowar v. 
and the fiscal, against Helen Gibsone, wife of John Bowar, Bowar - 
Eister, portioner there, in that eight days ago she came to 
the pursuer's son and servant man, who were tilling a 
ridge of his, and stopped and put them therefrom ; and 
John Bower, her husband, ' howked ane hole in the entrie 
that goes in to the persuers onsteid and his,' and has cut 
and taken away an ash tree of the pursuer's within the last 
20 days. John Meine in Newsteid, Andrew Sclater, 
officer there, Richard Sclater, officer in Eildone, James 
Hastie there, depone that the ash tree cut by defender 
grew on a dyke belonging to pursuer ; and that the entry 
between their onsteads belongs to pursuer, with free ish 
and entry to the defender. Andrew Phaup signs for 
Andrew Sclater ; witnesses, John Waire, Robert Midlemise. 
Decerned in terms of declaration, and fines defender in 
10 1. for cutting the tree. 

William Scott of Dalkeith and James Turner in Lang- Scott v. 
schaw sue Andrew Pringle in Hawckburne for 6 1. 16 s. rmg e- 
Scots ' for allar spars boght fra the persewers ' in 1645. 
Absolved on his oath. 

John Pearson in Whitlaw obtained decreet on 29 October Pearson v. 
1650 against John Frater, younger, in Langhauch, for rater ' 

5 L 10 s. with 13 s. 4 d. expenses, which he refuses to 
obtemper. Decerns conform to decreet. 

Andrew Pringill in Haukburn complains that Robert pringle v. 
Leyis in Buckholme, being his servant in 1655, deserted Leyes> 
his service for 60 days, to the pursuer's loss at the rate of 

6 s. 8 d. daily. Defender declared he was only four days 
absent. Modifies 13 s. 4 d. for the four days. 

Mr. James Strang, schoolmaster at Melrose, on 10 May Strang v. 
1656 and 4 July 1657, obtained decreet against the whole tiZlsl 

L 



162 



MELROSE REGALITY RECORDS 



elders of the parish of Melrose to collect and deliver to him 
the stent of their towns conform to stent-roll produced, 
within 15 days, or pay the same themselves. Decerns 
against them and ordains the officer to poind for bygones. 

John Pearsone in Whitlaw becomes cautioner that 
Robert Blackie in Williamlaw will not trouble Archibald 
Johnstone in Buckholme, except by law, under a penalty 
of 100 I. 

Nicol Cairncrose in Newsteid becomes cautioner that 
John Bowar, Wester, will not molest John Bowar, Eister, 
in time coming, or any of his, under pain of 200 I. 



Bryden v. 
Bryden. 



Davidson v. 
Davidson. 



Melrose, 31 October 1657 

John Bryden in Lessudden sues Andrew Bryden there 
for eight small fulls of bear borrowed in 1654. Decerned 
on confession to deliver the same or pay the price, with 
13 s. 4 d. expenses. 

On 10th May 1656 James Donaldson, portioner of 
Blainslie, and Helen Rolmainhouse his spouse, obtained 
decreet against James Davidson, portioner there, for 100 
merks, with 4 1. of expenses, which he undertook to pay 
on behalf of Margaret Davidson his daughter, widow of 
James Greive, portioner there, and now spouse to John 
Darling, the said sum being the share due to them by 
decease of Marion Rolmainhouse, first spouse of the said 
James Greive, and to whom he was executor testamentar. 
The said Margaret refuses to relieve her father of this 
undertaking. Absolves on defender's oath. 



Boyd v. 
Moffat. 



On 23 August 1656 Margaret Boyd, wife of Adam Darling 
in Westhouses, obtained decreet against Archibald Moffit 
in Threipwood for 8 1. 6 s. 8 d. with 10 s. 8 d. of expenses, 
but he refuses to obey. ' Decerns to pay the sowme 
except three half crownes tuo loads of peits, ext. exp. 
xii vj s. 8 d. for ilk load of peits [sic].' 



SUNDRY DECREETS 163 

Robert Reidfuird, portioner of Dernicke, sues James Reidfurd v. 
Mudie, portioner there, for 8 1. 17 s. 8 d. Scots with 13 s. 4 d. Mudie - 
expenses, contained in decreet 20 December 1656 by 
pursuer against him. Judge interpones decreet, with 10 s. 
expenses. 

Melrose, 7th November 1657 
John Patersone in Gallascheills sues Patrick Blackie, Paterson v. 

Rl 3. c \c i & 

elder, in Calfhill, for 6 1. 18 s. Scots as price of 3 ells ' gray ' 
at 16 s. the ell, bought from pursuer 10 years ago. De- 
cerns on pursuer's oath, with 16 s. 8 d. expenses. 

Andrew Bullman in Langnewtoune obtained decreet on Buiiman v. 
22 November 1656 against William Maben and Andrew sun ry ' 
Gastoun there, tenants to Bessie Eistoune there, for pay- 
ment by Maben of 3 bolls 1 firlot ferme bear of Lessudden 
measure, being five ' mickil ' fulls to the boll, and Gastoun 
paying 2 \ bolls of the same, due to the said Bessie for ferme 
and duty of certain lands in Lessudden pertaining to her, 
crop 1656, and arrested in their hands conform to decreet 
at pursuer's instance against the said Bessie on 8 September 
1655 for the said bear or prices thereof modified in the shire 
of Roxburgh at Candlemas 1657 for crop 1656, the monthly 
maintenance being allowed conform to the collector's 
note of hand. He now sues the tenants and the said 
Bessie Eistoun, and William Robsone now her spouse, 
for his interest, for fulfilment. Decerns against the 
tenants, and interpones decreet to the former. 

William Merser, weaver in Newsteid, sues William Merser v. 
Cairncros of Allenschawis for 5 1. 10 s. for his harvest fee, Cairncrose - 
1656. Decerns conform to the ' Justice order,' viz. 4 1. 
principal, expenses 13 s. 4 d. 

Melrose, 21 November 1657 

Alexander Reidpeth, wright in Melrose, complains Williamson v. 
against William Williamsone in Gallascheills, and Andrew ei pet ' 
Tunno, notary in Melrose, his cautioner, because he sold 



164 



MELROSE REGALITY RECORDS 



to the defender [pursuer deleted] certain wood * which stood 
the said defender 6 lib. the peice,' which trees the said 
William intromitted with and sold, of the price whereof 
he ought to make restitution to the pursuer. Also the 
said William in a fenced court called the pursuer ' ane 
unhonest man,' and said he would prove it. Absolves the 
defender upon his oath as to the first ; fines him 10 I. for 
the last. 



Pringle v. 

Maben. 



John Maben, indweller in Newhall, sues Andrew Pringill 
in Hawkburne, for 18 I. Scots of fee and If ells of ' bounteth 
gray ' for a year's service, 1653, price of the ell gray 20 s. 
' Defender present, deponed the persewar did quyte him 
both fie and bounteth for dutie done to him the tyme of 
his sicknes.' Absolvitor and ordanies the persewar to find 
caution to answer as law will ; John Ley, in Whitlaw, 
cautioner. 



Mein v. 
Bryden. 



Robert Meine, elder, mason in Newsteid, and Bertie 
Meine, his servant, complains against John Bryden, 
servitor to Mungo Donaldsone in Melrose, that whereas 
40 days before Martinmas last the said Bertie Meine 
hired the said John Bryden to enter home servant to the 
pursuer from Martinmas to Whitsunday and promised 
him 4 1. 16 s. 8 d. of fee with a pair of shoes in bounty, 
price thereof 12 s., yet he refuses to serve, and so ought to 
pay the fee and bounty as is customary in such cases. 
Mungo Donaldsone declared his servant had not given him 
over. Decerns the defender to pay the pursuer ' ane fie.' 



Davidson v. 
Davidson. 



Action for production and delivery of a contract of 
marriage between the deceased James Greive, portioner 
of Blainslie, on the one part, and James Davidsone, 
portioner there, taking burden for Margaret his daughter, 
now widow of the said James Greive, on the other part, 
which the said James Davidson, Margaret Turner his wife, 
John and Bessie Davidson their son and daughter, or 
Marion Fogo in Blainslie, have in their custody or have 
fraudfully withheld and will not give up. The pursuers, 



ACTION FOR MARRIAGE CONTRACT 165 

Margaret Davidson and her present spouse, John Darling, 
compearing, referred to defender's oath, and James 
Davidson deponed that Marion Fogo ' loused the contract 
frome the not and that sche deliverd it to Alexander Peter 
who received the same and deliverd it to James Davidsone 
which he delivered to his wife and that sche did deliver 
it to Margaret Davidsone their dochter.' Marion Fogo 
deponed ' sche loused the same fra George Walker and 
keepit it quhill James Greives deceise and did deliver it 
to Alexander Peter who delivered it to James Davidsone, 
and that scho hard Margaret Davidsone confes the receive- 
ing therof from her mother.' George Walker, the pursuer's 
procurator, passed from the rest of the Defenders for 
the time, reserving further action, and desired the judge 
to advise the oaths of Davidson and Fogo. Ordains 
pursuers to be cited to next court to hear sentence. Judge 
denies further sentence in this process till the parties 
summoned have their expenses refunded. Follows the 
avisandum : — 20th Nov. 1657 ; finds by said depositions 
that the contract was delivered to Margaret Davidsone, 
pursuer, and absolves the two deponents, reserving action 
against Margaret Turner and John and Bessie Davidson. 

James Reidpeth, wright in Melrose, sues Thomas Eilleis, Redpath v. 
wright in DanieltoUne, for 7 s. sterling * for seven dayes 
taske work wrocht be the persuer ' to him since last 
Whitsunday. Defender granted four days. Decerns 50 s. 
for the whole, deducing 18 s. confessed received by pursuer 
from defender ; expenses, 9 s. 4 d. 

Andrew Holme in Newsteid sues Isobel Vischart, widow wishart v. 
there, for 5 I. Scots as balance of fee for his service to her Holme - 
in harvest 1656. Absolves the defender ' in respect of 
the order of the justice of peace of the schire.' 

Thomas Penman in Melrose sues William Bowar there Penman v. 
for 20 merks borrowed seven years ago, and Andrew sun ry ' 
Merser, Beatscheill, for 10 I. as the price of victual bought 
from the pursuer's mother three years ago. Ordanis 



166 



MELROSE REGALITY RECORDS 



pursuer to produce his mother's warrant for the first 
claim ; decerns for 4 I. on defender's confession. 



Heitoun v t 
Boyd. 



Margaret Boyde in Westhouses sues Andrew Heitoun 
in Darnick for 7 1. 10 s. ' partlie for water maile and partlie 
for uther drinke in anno 1656,' conform to account between 
them within these two years past ; also for three small 
fulls of bear promised by him to her ' for bounteth of the 
water,' price of the boll 16 1. Referred to pursuer's oath, 
' anent the drinke and furnitur,' deponed 3 1. 10 s. to be due ; 
and she referred the water maile to his oath, who deponed 
he never promised payment. Absolvitor. 



Darling v. 
sundry. 



Melrose, 28th November 1657 

Christian Darling, widow in Darnick, liferentrix of the 
house or smithy underwritten, sues John Mosse, elder, in 
Darnick, Nicol Merser there, Andrew Kennidie there, 
William Spotswood there, for themselves and the remanent 
feuars and possessors of the said town, for 26 s. 8 d. yearly 
for the years 1650 to 1657 inclusive as the maile of a house 
or smithy taken from the deceased William Kennedie 
her husband to be their common smithy, and which their 
common smith does possess, and for which they paid to 
him all preceding Martinmas 1648 and entered in payment 
with the pursuer since her husband's decease by paying for 
the year 1649. Decerns against defenders, all present, and 
the pursuer deponed just seven years owing ; expenses, 
16 s. 8 d. 



Mudie v. 
Redford. 



James Moodie in Dernick sues Robert Reidfoord there 
for ' the gress maile ' of 16 sheep pastured by pursuer to 
him partly in 1654 and partly in 1655, extending to a 
room and a half, price of the whole 61. 7 s. Avisandum 
with pursuer's oath to next court day. 

Complains same against same that Redford in 1653 
intromitted with and took away ' of the lairds land two 
aiker of lands corne of the lairds land [sic] with the fodder 



ACTION REGARDING MARCHES 167 

and led them home to his own yaird and made his own 
use thairof,' price of the whole 10 I., and he is also due to 
the pursuer of crop 1653 half a firlot of bear and a threave 
of straw, at 10 s. each. Defender declared the corn was 
set off to him by pursuer for an old debt of 6 1. 10 s. Ab- 
solves. Refers the bear and straw to pursuer's oath, and 
thereafter proved by Nicol Merser. 

William Maben in Lessudden fined 20 merks for deforc- Maben. 
ing Alexander Uscher, officer, while poinding. Granted 
pulling the helter off the beast poinded, and came in the 
judge's will, who decerned as above. 

Thomas Penman in Melrose borrowed 5 or 6 years ago Bowar v. Pen- 
from William Bowar there ' an Flanders balke and ane man ' 
paire of schells and an quarter pund [sic],' worth 30 s. 
but he refuses to deliver them back. Confessed borrowing, 
but alleges his mother delivered them back to William 
Bowar's wife. She denied receipt. Judge modifies con- 
form to the libel. 

Claim by Marion Ker, widow in Danieltoun, liferentrix Ker v. eihs. 
of the croft of land underwritten, against Thomas Eilleis, 
weaver in Melrose, who has thrust himself ' within her 
croft foot and hes delved and howked down ane great 
peace of her grund thereof and intends to big therupon and 
appropriat the same to his own use.' She desires that some 
understanding men be appointed to inspect the marches. 
— 21 November 1657, the judge ordains George Boo, 
Andrew Loukup, James Eilleis, James Wallace in Daniel- 
toune and Melrose, Andrew Sclater and Robert Meine in 
Newsteid, to take cognition, and report next court day (sic 
subscribitur) Gideon Jacksone. — 24 November 1657, these 
persons went to the ground with the parties, and find that 
to the best of their knowledge the pursuer claims more 
than belongs to her and that the defender has done her no 
wrong, but for eschewing controversy in time coming they 
have set down march stones, ' viz. three in number to 
stand unquestionablie heirefter, and finds the hedge and 



168 MELROSE REGALITY RECORDS 

trees does properlie pertaine to the within named Thomas 
Eilleis ' ; dated at Melrose, sic subscribitur, Robert Meine, 
James Wallace ; I, George Wallace, notar publict and 
clerk subscribe for the within named Andro Loukup and 
George Boo, who affirm they cannot write. The jud^e 
this day interpones his decreet to the said finding. 

Ems v. Sheiii. Claim by Janet Howburn, wife of George Scheill, por- 
tioner of Danieltoun, and him for his interest, against 
James Eilleis of Huntliewood, portioner there, ' beirrand 
that quheras they haveing thair yairds upon the south sid 
of the burne lyand nixt adjacent to uthers and aither of 
them haveing ane hedge of asches plum trees and thornes 
growand upon thair own grand, true it is that the said 
James Eilleis hes cutted up his hedge and planted upon 
the persewars quheras he sowld have keept ane heid wald 
hedge to keep the persewars free from all kynd of skaith, 
quhich he refusses to doe bot upon the contraire he keeps 
out his nolt and bestiall and therby eats and destroyes the 
persuers corne and kaile.' They desire ' the elder men that 
knows the merches best ' to try the question. — 17 October 
1657, the judge ordains John Wallace in Melrose, James 
Eilleis there, Thomas Eilleis in Danieltoun, and George 
Boo there, to view the hedge and report next court day 
{sic subscribitur) Gideon Jackson. — 21 November 1657, the 
judge adjoins Robert Meine, mason in Newsteid, to the 
committee. — 24 November 1657, the committee and parties 
visit the hedge and ground, and find the complainers in 
the wrong and that James Eilleis has done them no injury, 
but for eschewing controversy in time coming they set 
down four march stones to stand unremovable and un- 
questionable in all time to come, ' and the said George 
Scheill offerd to big ane dyke within the merch stones for 
keping of his yaird harmles and herdwill.' Dated at 
Melrose, signed by Robert Meine, James Eilleis, and by 
George Wallace, notary, for John Wallace, George Boo, 
and Thomas Eilleis, who cannot write. — This day the 
judge interpones his decreet to the said finding. 



ACTIONS REGARDING RENTS 169 



Melrose, 5th December 1657 

Thomas Heastie, eldest lawful son and heir of the stenhouse v. 
deceased James Heastie, servitor to the Earl of Wintoune, astie ' 
with consent of Agnes Robertsone his mother, on 8 July 
1656 assigned and transferred to Thomas Stenhous, por- 
tioner of Newtown, Q\ bolls of meal and bear, crop 1656, 
due to them by George and William Heastie in Moxpople, 
their tenants, for the ferme and duty of their lands from 
Yule to Candlemas, and the like payments yearly there- 
after till the said Thomas Stenhous was completely paid 
of the sum of 75 I., allowing cess and maintenance to such 
as pay the same yearly and for upholding the houses. Yet 
though the said tenants owe the like quantities of bear 
and meal for crop 1657, subject to the said deductions, 
they will not pay to Stenhouse. Defender (George 
Hastie) confesses the obligation, and is decerned to pay 
the duties for crop 1657 conform to the fiars of the shire. 

Robert Brige in Langnewtoune sues Andrew Kennedie Brige v. 
in Darnick for 3 firlots good and sufficient bear ' for ane 
ox hire in anno 1656,' price of the firlot 30 s. Decerns on 
pursuer's oath, defender absent ; modifying 6 I. 13 s. for 
the boll, or 26 s. 8 d. the firlot, principal sum 4 1. with 
10 s. 8 d. expenses. 

Margaret Blackie, wife of James Rolmainhouse in Biackie v. 
Blainslie, sues Margaret Davidsone, widow of James 
Grive there and now spouse to John Darling there, for 
12 I. 10 s. as the agreed-on price of a boll of bear bought 
by her from the pursuer in 1652. Decerns for principal 
and four years' annualrent, being 4 merks, total 15 1. 3 s. 
4 d. ; expenses, 20 s. 

William Edgar, portioner of Melrose, sues Mr. John Edgar ». 
Currie, portioner of Newtoune, for 8 I. 4 s. Scots for neces- 
saries furnished to him and his servant. Decerns as 
confessed. 



170 



MELROSE REGALITY RECORDS 



Gaston v. 
Heiton. 



Andrew Gastoune in Lessudden obtained decreet, 29 
October 1636, against Andrew Heitoun in Newtoune as 
cautioner for deceased John Ecclis, portioner of Newtown, 
before deceased James Pringl of Buckholme, then bailie 
of regality, for 15 1. Scots with 20 s. expenses. Also he 
owes him 25 I. 13 s. 4 d. with 36 s. contained in another 
decreet by the same dated 10th March 1639. Next court 
day assigned to defender to prove payment. — 21 November 
1657, the defender, unable to prove payment, referred to 
pursuer's oath ; avisandum to next court day. — 5 Decem- 
ber 1657, pursuer depones the whole sums are yet due by 
principal and cautioner, except 7 1. received from Janet 
Kyle in the defender's name. Decerns for 36 i. 9 s. 4 d., 
with 48 s. of expenses. 



Mein v. 
Anderson. 



Melrose, 19 December 1657 

James Mein, lawful son of John Mein, portioner of New- 
steid, sues William Anderson, portioner of Reidpeth, and 
John Anderson, portioner there, his cautioner, for 42 1. 
10 s. Scots as the agreed-on price of some bear bought 
from him in April last, payable at Michaelmas thereafter. 
Defender absent, held as confessed, with 48 s. expenses. 



Tait v. 
Merser. 



Walter Tait in Lairdisland sues John Merser in Brigend 
for 5 firlots of seed oats bought by pursuer in March 1656, 
and for which he delivered a wether and ewe to defender, 
but the oats are not delivered, and this ought to be done 
or the price, 6 I., paid. Further, the defender promised 
half a firlot of rye as interest at Midsummer last. Defender 
granted a boll of oats, and referred rest to pursuer's oath. 
Decerns for the oats, at 5 I., and absolves from the rye. 



Redpath v. 
Currie 



Alexander Reidpeth, wright in Melrose, sues Mr. John 
Currie, portioner of Newtoune, for 4 I. Scots as the balance 
of the price of a bed and cupboard bought from pursuer in 
1656 at the agreed-on price of 20 1. Decerns upon the 3d 
diet. 



SUNDRY DECREETS 171 

Melrose, 2d January 1658 

The bailie decerns Thomas Reidfurd, portioner of Murray ». 
Melrose, to pay to Robert Murray, burgess of Selkirk, Reidford - 
18 I. 13 s. 4 d. as price agreed on for 2 bolls of seed bear 
bought by defender from pursuer ' in bearsen tyme last,' 
to be paid at Lammas thereafter. Defender absent, 
decerned on the pursuer's oath, upon the third diet. 

The Earl of Haddington sues Andrew Cairncrose of Earl of Had- 
Colmslie for feu and tack duty of Vouplaw and Waster c'Sfncross. 
Langlie, Newtoune mill and Sallryhauch, for Whitsunday 
and Martinmas 1657, being 25 I. 10 s. Held as confessed. 

Also William Cairncrose of for the feu duty 

owing by him at Martinmas last, being 28 1. 16 s. 8d. 
Decerns as confessed. 

Same against William Fischer, fiar of Housbyre, for Earl of Had- 
118 1. 11[? 4] s. 4 d. Scots, ' for Lairdlands maile in Dernick $"{[£" "• 
and Bridgend,' Whitsunday and Martinmas 1657, and the 
Martinmas maill of his feu-farm bear and wheat (' quheet ') 
of his lands in Darnick, crop 1656, conform to his charters 
and infeftments from the Earl. Decerns on second diet, 
with 6 I. expenses. 

Margaret Eilleis, widow in Melrose, sues William Cairn- caimcross v. 
crose of Aid Melrose for 4 1. 10 s. Scots as the agreed-on Ellls ' 
price of " three grysses ' bought from her, and he is also 
due 18 quarts of ale at 4 s. the quart and 18 ' whyt bread ' 
at 2 s. the piece, received by his servants from her at his 
direction for the use of his house, extending ' the said 
aile and bread and money ' to 5 I. 8 s. He is also due to 
her for furnishing his house with small ale in harvest 
1648, being 13 barrels containing 10 quarts each, at 2 s. 
the quart, total 13 1. ; and the like sums for the same in 
harvest 1649, and harvest 1650, Absolvitur, jurato reo in 
presentia astricis [sic].' 

Archibald Johnstoune, servitor to George Pringle of Biakie «.. 
Buckholme, complains that Robert Blackie in Williamlaw 



172 MELROSE REGALITY RECORDS 

came to the fold of Buckholm ' quher yeild scheip wase 
drawing ' and went therefrom to the know in Buckholme 
called Gills ridge, ' quher ther wase some of the speaned 
lambes in Williamlaw goeing,' and there took away two 
ewes and lambs, which he wrongfully detains. — 7 Novem- 
ber 1657, pursuer adduced witnesses, 1. Thomas Laidla, 
married, 60 years, depones he knows nothing except by 
report, that there was a ewe of Johnstone's in the Hersell, 
and knows nothing of Blakie's intromission. 2, John 
Howatson depones he brought two ewes and lambs to 
the ground, but knows nothing of Blakie's intromission. 
3. Robert Laidla depones as his father. Absolves, pur- 
suer renouncing further probation. 

Fisher v. William Fischer of Eister Langlie, now in Colmsliehill, 

sun Ty ' complains against James Mofiit in Eister Langlie, William 

Fisher there, and James Merser there, whose beasts being 
tethered out nightly in harvest last ate and destroyed 
half a boll of pease with the fodder, price 3 1., comprised 
by John Hounam Wester and Andrew Boustoun in Brigend. 
Decerns for 53 s. 4 d., defenders refusing to depone. Also 
against James Merser, tenant to Jean Hunter, ' who 
presses the grund thairof by keeping of over sowmes 
thairupon to witt tuo nolt bestiall price of each over suome 
3 lib. Confest tuo be the defender ; modifies 50 s., 
ordaines to pay 25 s.' 

Also against James Moffit in Langlie, who agreed to 
mow 10 days and shear 6 ' for the gressing of ane meare to 
him in sumer last,' whereof he has only performed 6 of 
mowing and 4 of shearing, and so is due for each of four 
mowing days 12 s. and for each of two shearing days 5 s. 
Absolved, pursuer refusing to depone. 

Pringie*. Andrew Pringle in Haukburn complains against John 

' ' Merser in Brigend, who owes him a boll of seed oats 

promised in lieu of 4 1. 10 s. due by him to the pursuer as 
the price of lambs bought at Midsummer a year past. 
Robert Blackie deponed ' that beffor oatsen tym last the 
defender wase awand Andro Pringle the bolle of oats and 



ACTION REGARDING OAK TREES 173 

that he hard Merser say he wase awand them ' ; and John 
Fenuick deponed that in July 1657 he heard John Merser' s 
wife say ' that her goodman sould goe to Gallascheills and 
pay him.' Decerns. 

Thomas Loukup, wright in Melrose, sues George Loukup v. 
Eilleis, wright in Darnick, for 6 1. 6 s. Scots as the price of 1S ' 
a bed bought from the pursuer a year ago. Decerns as 
confessed, defender absent. 

Alexander Reidpeth, wright in Melrose, at Lammas Mitchell v. 
1655 hired George Mitchell in Darnick and the deceased Red P ath - 
James Ballantyne in Gallascheills ' to have led and brocht 
from the wood of Gallascheills certaine oak trees about 
the number of 40 draucht or thairby and to have laid down 
the same att the Brome know att Lough breast on this sid 
the river of Tueed, and quhich they undertook to doe ; and 
true it is and of veritie that they did onlie lead the thrid 
part therof from the said wood and laid them down upon 
this sid of the water upon the water marke and left tuo 
of the best therof on the uther side of the water, quhich 
wase all taken away by the great flood on the 21 of Sept- 
ember the said yeire, and wer not the help of God and 
good neigbouris in the Brigend quha red the same excep 
onlie the said tuo quhich lay on the uther sid they had all 
lost by their sloth and negligen by leaving of them within 
the flood marke, price and worth of the tuo trees sua lost 
20 lib., whereof the said George Mitchell aucht to be 
decerned to make him payment, and als to pay back to 
him the sowme of three punds ten schilling as the just tuo 
part of the sowme of fyve pund ten schilling which the per- 
sewer did deliver to them for leading of the said timber, 
in respect they left the said tuo pairt in the said wood and 
the persewer wase forced to lead the samyn thairefra on 
his charges.' Defender deponed the lost trees were laid 
down by the deceased James Ballanden, and that he led 
the just half conform to his agreement. Absolves. 

James Heastie, servitor to Andrew Phaup in Melrose, Hastie v. 
sues William Cairncrose of Allenschawes, now in Colmslie, 



174 



MELROSE REGALITY RECORDS 



for 15 1., two ells of plaiding, and a ewe lamb, for service 
done half a year ago. Defender granted 10 I., and the ewe 
lamb, denies the plaiding. Referred 5 1. balance to pur- 
suer's oath, who deponed it was also due. Decerns, and 
modifies 20 s. for the lamb, with 24 s. expenses. 

Bridgend. Complaint by Walter Uscher, portioner of Brigend, 

John Merser, portioner there, for themselves and the rest 
of the feuars of Brigend, that ' thair are sundrie of the 
nichtbouris and indwellaris in Brigend that both by day 
and nicht cuttis breakes doune and destroyes and home- 
brings utheris young wood treis broome and utheris, and 
als quhen floodis arryses in the river of Tweid takes 
occassioun quhen tymber treis or onie uther fewall or watter 
wrak cumes doune the river and lands there they gather 
upe and appropriat the same to thair awin uses, to the 
greit lose and prejudice of the whole towne.' The bailie 
enacts ' that no fewar nor other persone or persones in the 
said towne at no tyme heirefter cutt break doune destroy 
away take nor imbring ane ane utheris young wood treis 
alleris broome and utheris nor yit in onie tyme comeing 
sail no wayes gather upe nor appropriat to thair awin 
uses onie tymber treeis fewall or uther watter wrak of that 
kynd whatsomever that sail happen to land thair or be red 
from the watter be what persone or persones soever the 
samene salbe apprehendit, bot that the samene salbe 
maid use of and disposit upon for the use of the whole 
towne as the fewaris and inhabitants therof sail think fitt, 
and that under the paine of xx s. Scots for each falizea [sic] 
toties quoties by and attour the fullfilling heirof.' This act 
to be intimated to the feuars and inhabitants. 



Maben v. 
Pringle. 



Melrose, 16th January 1658 

Andrew Pringle in Hawkburne sues John Leyes in 
Whitlaw, as cautioner for John Maben in Newhall, for 10 1. 
in lieu of half a year's service, in respect that the pursuer 
about three years ago having ' discharged and doen ane 
great dutie to the said John Maben the tyme of his sicknes 



ACTION FOR SERVANT'S WAGES 175 

in furnisching of meat, drink, bedding and uthers to him 
half ane yeirs space ' and procuring drugs for him, the said 
John Maben promised when restored to health and able 
to work, to come home to him and serve him half a year 
free, without either fee or bounty ; yet he refused, though 
several times desired thereto. Defender (John Maben) 
denied claim, and it being referred to his oath, deponed 
he made no such promise. Absolves. The pursuer also 
claims from John Maben 8 1. Scots for the grazing of 20 
sheep to him in 1653 from Martinmas to Whitsunday ' and 
for smeareing therof.' Absolves, in respect the defender 
declared it was part of his former fee. 

John Bellanden, servitor to Thomas Feirgrive in Bent- Pringie v. 
mylne, sues Andrew Pringie in Haukburn for 25 1. Scots e en en ' 
for his fee for a year's service in 1653 ; also 30 s. for a new 
blue bonnet borrowed from him at that time ; also 30 s. 
in respect that when a ewe of the pursuer's ' graiked away 
out of Colmslie to the Haukburne with a lambe,' the 
defender detained the lamb. — 21 Novemberl657, referred to 
defender's oath, next court day to depone. — 5 December 

1657, defender absent, pursuer resiles from last reference, 
and offers to prove libel, next court day. — 1 9 December 1 657, 
defender present. Thomas Feirgrive sworn depones that 
Andrew Pringie desired him to deal with pursuer to desert 
the diet ' and desired trysting for the fie,' knows nothing 
of the blue bonnet, but heard Andrew Pringie say that one 
Scot had the skin of the lamb ; knows the servant served, 
but knows nothing anent the fee or the lamb. William 
Hendersone deponed that on 11 July he heard Pringie 
promise ' to put lambs beffor the pursuer to satisfie him 
for his fies as he and he agreed ' ; knows nothing as to 
bonnet or lamb. Defender to give his oath. — 2 January 

1658, defender depones he delivered to George Scott at 
pursuer's direction four rex dollars, but knows not whether 
in this or last year's service, which he is to depone next 
court. Absolves from rest of the fee, and from the 
bounty. — 16 January 1658, depones it was in last year's 
service. 



176 



MELROSE REGALITY RECORDS 



Watson and 
Riddell v. 
Merser. 



Melrose, 30th January 1658 

Margaret Watson, wife of Walter Riddell, miller at 
Langschaw mill, sues John Merser in Brigend for 9 1. Scots 
due to him conform to his bond at Michaelmas 1655, with 
three years' interest, and 3 1. as the price of a firlot of oat- 
meal bought by him a year past last Michaelmas. Decerns 
for the 9 1. on defender's confession, interest referred to 
pursuer's declaration, and decerns for the meal on pur- 
suer's oath except half a peck. 



' Continua- 
tioun. ' 



' Continua- 
tioun.' 



Grierson v. 
Clapperton. 



James Clappertoune in Neatherbarnes sues Janet 
Merser, widow of Bernard Merser, portioner of Brigend, 
for 31. 5 s. Scots as balance of price of a firlot of oatmeal 
bought by her, and yet refuses payment. 

Also sues Janet Thomson in Darnick for 2 1. as balance 
of price of half a firlot of oatemal bought by her and pay- 
ment refused. 

Also sues George Greirsone in Darnicke for 3 1. 10 s., 
being 3 1. as price of half a firlot oatmeal, and the rest 
borrowed money. Defender alleged payment ' be gressing 
of tuo sowmes to the persewer.' Absolves on Andrew 
Chisholm's declaration that he had the pasturing of the 
said sooms. 



Wauch v. 
Bunzie. 



Robert Bunzie, mason in Newsteid, sues James Wauch 
in Melrose for 15 s. Scots borrowed three years ago, and 
56 s. Scots for mason work wrought two years ago ; also 
for 17 s. owing by him to Janet Meine, the pursuer's 
mother, which he promised before witnesses to pay to the 
pursuer with her consent. Absolves from the whole, 
except 11 s. which he confessed. 



Bowar v. 
Bowar. 



Complaint by John Bowar Eister, portioner of Eildoun, 
that John Bowar, Wester, portioner there, has intruded to 
possession of a headrig of land of the pursuer's in Eildoune 
pertaining to his husbandland there, and has tilled the 
same twice over, thinking to appropriate it to his own use. 
He is also owing 40 s. as the balance of the interest of 80 1. 



ACTION REGARDING ENGLISHMEN 177 

principal, and about seven years ago he borrowed an ' ax 
tree worth 15 s.' and promised the price thereof or as good an 
* ax ' tree for it. — 3 October 1657, pursuer to prove two last 
articles next court day.— 17 October 1657, Robert Bradie 
deponed he heard John Bowar, Wester, say he would come 
in the pursuer's will for the 40 s. John Vaire deponed he 
heard defender say ' he had payed mickle maire.' Ordains 
John Bower to use further probation. — 30 January 1658, 
' ordaines to cause ony tuo of the honest neighbouris of 
the toune of Zeildoun to be present the nixt court to 
declair whither John Bower Eister wase laufullie wairnd 
to the parting of the grand or not. Decerns for the 40 s. 
upon the persewers oath ; payed judiciallie.' 

Melrose, 13 February 1658 

Andrew Tunno, notary in Melrose, sues James Meine, Tunno v. 
indweller in Wester Langlie, tenant to William Cairncrose, Mein ' 
' minor ' in Calfhill, for 8 I. Scots conform to a precept 
granted to him by John Ker and Andrew Ker of Kippilaw 
desiring him as tenant foresaid to pay the same to pursuer 
in the fore end of the rent of the lands of Calfhill possessed 
by him, and which he should have paid at Martinmas last. 
Decerns conform to the libel and the precept produced. 

Complaint by Andrew Pringle in Haukburne against Pringie v. 
John Leyes in Whitlaw, who in 1653 was ' adjoynd with Leyes- 
him for outreaching and furnisching of bedding and uther 
furnitur to the Inglishes,' and the pursuer having furnished 
to the garrison of Hallidane two feather beds comprised 
to 16 1. each, the defender promised to pay his proportion 
of 4 s. daily for each of the beds so long as they remained 
in possession of the English, being now four years, and 
still unrestored, so the defender ought to pay his propor- 
tion, but refuses. Defender denying claim, pursuer to 
prove it next court day. Gavin P[ater ?]son in the 
Kiltknow depones the one bed was put out by Andrew 
Pringle and Gavin Patersone, John and Robert Leysse, 
which bed was Gavin Paterson's bed and comprised to 16 1. 

M 



178 



MELROSE REGALITY RECORDS 



Smith v. 
Hownam. 



' and if it cam home to have payed four s. per diem, and 
if not, the said 16 lib. ' ; and the other bed was put out 
by Andrew Pringle, being his own, for the said four persons 
and William Law adjoined to them, and comprised at 
about the same as the other. Thomas Law, weaver in 
Melrose, knows nothing as to the beds acclaimed, ' bot 
that the whole beds put out to that garisone wase com- 
prised to 16 libs, the piece, and that every joyner x suld 
pay their proportione off the beds in caise of thair not 
returning, and quhat they were found worse.' The judge 
finds that the beds libelled were put out to the garrison 
at Hallidane ' and that the first bed lybellit wase put owt 
by Gavin Patersone whilk wase comprised to 16 punds, 
quherof the defender and persewer and Robert Leis and 
himself wase to bear a lik burding, for payment theroff it 
did not returne, and of the four shilling a day if it did 
returne, as it did not,' and decerns defender to pay 4 1. 
Scots as his part ; and of 4 merks as his part of the other 
bed, there being five partners ; and absolves from the 
daily proportion, as the beds did not return. 

Complaint by George Hounholme in Darnick against 
James Smith, son and apparent heir of the deceased 
William Smith in Mosshouses and Isobel Smith his sister, 
executors to their said father, as follows : — The defunct 
on 28 April 1639 granted bond to pursuer for 36 1. Scots 
repayable before St. Lukes Day in that year, with 6 1. of 
expenses ; and no payment being made by him, his 
executors ought to satisfy the debt, but refuse. De- 
fenders present, with Andrew Tunno their procurator, 
pursuer depones 22 1. thereof paid by defunct to him and 
only 14 1. resting. Absolves, because both defenders 
swear they had no intromission with defunct's estate save 
only what would defray his funeral expenses. 



Riddell *. 
Bryden. 



Melrose, 27th February 1658 

Claim by Patrick Riddell of St. Boswells against James 
Bryden and Janet Kyle his spouse, in respect of a contract, 



i.e. partner. 



ACTION FOR DELIVERY OF CONTRACT 179 

28 May 1636, between them whereby for 1000 merks 
they disponed to the pursuer half a husband land in 
Lessudden, under reversion, which contract being lost in 
these troublous times, and the defenders having a double 
thereof at the time of the making, the pursuer desired 
delivery of a copy for his own security, but it was refused. 
He therefore asks for production and registration of the 
deed. Defenders not compearing, after sundry diets, 
decerns them either to deliver to pursuer an authentic 
double of the contract or to produce the contract to the 
clerk to be registered ; because the pursuer adduced wit- 
nesses to prove the contract, viz. Mr. Andrew Halli- 
burtoune of Paleshill, unmarried, 60 years, deponed he . 
had read the contract within the last twelve months, and 
James Bryden had it then in keeping and had promised 
to deliver to Patrick Riddell a just copy. Mark Halli- 
burtoune in Lessudden, unmarried, 50 years, depones as 
above. John Maben in Maxton, 50 years, depones as 
above. 

Further, the said Patrick Riddell sues James Bryden 
for 20 1. 8 s. Scots as balance of price of bear bought from 
pursuer 14 years ago ; also 10 1. of a fine imposed by the 
justices of peace on him ' for his layeing on of trowpers " 
upon the Earle of Haddingtoune maist wrangouslie efter 
tryall,' for which the pursuer became his cautioner and 
had to pay the same, but can have no relief. Decerns on 
defender's confession, who compeared shortly after pro- 
nouncing of the first sentence. 

James Stoddert in Mungoiswells, portioner of Lessudden, stoddert v. 
sues James Gastoune in St. Boswells for three bolls and a Gastoune - 
half of ferme bear, Lessudden measure, for the duty of a 
quarter of land there pertaining to pursuer, and possessed 
by defender, crop 1654, at 5 1. 10 s. the boll as the same 
was then sold by him to William Fischer in Dernick, 
' quhich he refussed to deliver, he offering to receive the 
samyn.' Compeared Michael Fischer ' offering him to 
prove be Thomas Huntar and Robert Kyle that he came 
tuo severall tymes for the beire, which wase never redie 



180 MELROSE REGALITY RECORDS 

to deliver.' John Robesone deponed that James Gas- 
toune ' desired him to cause William Fischer receive the 
beare att the Lambes efter the Candlmes, and knew not 
quhether he had the beare or not.' John Cochran deponed 
as above. Judge finds by depositions that the bear 
libelled ' quhilk wase dew to have been payed be the 
defender to the persewer att the terme of Candlmese 
wase not proferrit till the Lambis therefter, quhilk wase 
lang efter William Fischer his day of payment of the 
persewers ferme beir,' and decerns for 5 I. 10 s. for each 
boll, being the price of the rest of that crop. 

Bowar v. Mar. John Bowar, Eister, portioner of Eildoun, sues Thomas 
Mar in Melrose for 10 merks promised at Martinmas last. 
Defender granted 5 L, decernes therefor and absolves from 
the rest ; expenses, 13 s. 4d. 

Mein v. Bell. James Meine, son of John Meine, portioner of Newsteid, 
complains against George Bell, portioner of Reidpeth, in 
respect of decreet, 5 December 1657, against John Anderson, 
portioner there, for 42 1. 10 s. of principal and 48 s. of 
expenses, whereupon Alexander Uschar, officer, arrested 
• in hands of said George Bell ten bolls of bear due by him 
to said John Anderson for the ferme of certain of his 
lands in Reidpeth possessed by said George Bell, last 
crop ; but the victual is not forthcoming ; or 18 I. 2 s. as 
value thereof. Decerns as confessed, defender absent. 

Newtoun v. Complaint by William Ker, portioner of Newtoune, and 

ireipwo . , . , 5 portioner there, against James and Archibald 

■ continewit Moffits, portioners of Threipwood, who refuse to obtemper 

court!' the " 1Xt a decreet, January 1653, against them at pursuer's instance 

for 21 1. principal and 33 s. 4 d. expenses of plea. 

Ker v. Dar- Complaint by same against Andrew and Peter Darling 
in Appelltreeleivs and John Turnbull there in respect of 
not obeying decreet said day against them for 4 1. 13 s. 4 d. 
with 26 s. 8 d. expenses. Andrew Darling held as con- 
fessed, being absent, and by Thomas Stenhouse's declara- 
tion, to whose oath it was referred by pursuers. 



SUNDRY DECREETS 181 



Melrose, 13th March 1658 

John Bunzie, elder, portioner of Newsteid, sues James Wauch v. 
Wauch in Melrose for 4 merks of borrowed money and unzie ' 
2 merks for a full of oats bought from defender 10 years 
ago and undelivered. Defender denied and craved pur- 
suer's oath of calumny, who deponed, and referred to 
defender's oath, who deponed he was due nothing. 

George Sueit in Erlestoun sues Nicol Bennet in Les- Sweit ». 
sudden for 61. 2 s. Scots as balance of price of 3| bolls 
of bear bought from pursuer 4 years ago. Defender 
denied debt except 25 s. Scots and referred to pursuer's 
oath, who deponed the debt owing. 

Thomas Stenhouse, portioner of Newtoune, depones stenhouse v. 
that he dreads bodily harm of James Wauch in Melrose, 
who threatened his life lately both in Edinburgh and 
Melrose. Ordains defender to find caution and to remain 
in ward till this is done. John Bowar in Melrose, Thomas 
Law there, became cautioners for James Wauch not to 
molest complainer or his dependents, under penalty of 
100 1. 

Isobel Anderson, lif erentrix, wife of John Meine, port- Anderson v. 
tioner of Newsteid, sues William Anderson, portioner of 
Reidpath, for 5 bolls 1 firlot ferme bear, Melrose measure, 
counting ' fyve mikle fulls ' to each boll, as the duty of 
certain lands in Reidpeth pertaining to Isobel in liferent 
and set by the said John Meine to him, crop 1657 ; which 
ought to be paid, or 10 merks for each boll. Decerns on 
defender's confession, modifying 6 1. for the boll, with 
48 s. expenses. 

Archibald Walker in Gallascheills sues John Cairncrose, w a iker». 
herd in Wester Langlie, for 81. Scots as rent of a house 
and yard of the pursuer's possessed by him and set to him 
for a year about 7 years ago, with a kain fowl and two 
' sheare darges.' Defender grants possession of the house 



182 



MELROSE REGALITY RECORDS 



for three quarters of a year. Ordains him to pay 3 I. in 
composition for the whole, with 10 s. 8 d. expenses. 

• Suome men David Unes in Lessudden, James Cochran there, Robert 
Ldmiued!^ 11 Lile » smith there, and Thomas Huntar there, ' admitted 
and received to discerne and decyde betuixt neighbour 
and neighbour for merches, who made faith accordinglie.' 



Fisher v. 
Cairncross. 



Melrose, 27th March 1658 

William Fischer, portioner of Eister Langlie, seeks new 
decreet against Euphan Cairncrose, affirming the former 
decreet, 14 July 1655, ordaining her to pay him 7 1. prin- 
cipal and 10 s. 8 d. expenses. Granted, with 6 s. 8 d. 
expenses of extracting. 



Eiston v. 
Gastoune. 



Bessie Eistoun in Lessudden and William Robson her 
spouse sue Andrew Gastoun there for half a boll ferme 
bear due for a quarter of land in Lessudden of theirs pos- 
sessed by him crop 1657. Decerns as confessed, and pur- 
suer to give a discharge ; modifies 3 I. 



Pringle v. 
Pringle. 



' Severalls in Appeltreeleives decernd conforme to the 
rentall.' 

Melrose, 10th April 1658, G. Jackson 

Complaint by Robert Pringill of Blindlie, proprietor, 
and Mr. William Jonstoun, minister at Lawder, Wad- 
setter, against Andrew Pringill in Halkburne, as follows : 
The said Robert wadset to the said Andrew his three merk 
lands in Blainslie with houses and pertinents called the 
Roan, for a certain sum conform to their contract ; which 
he redeemed at Whitsunday 1657 by paying the full sum to 
the said Andrew, and then anew wadset the lands to the 
said Mr. William Johnstone for a certain sum. Neverthe- 
less, Andrew Pringle, though oftimes required thereto, will 
not deliver up his contract of wadset and securities, or 
grant renunciation. Robert Pringle pursuer compearing 
by George Pringle his eldest son, Mr. William Johnstone 



ACTION REGARDING A WADSET 183 

compearing personally, and the defender also personally, 
the bailie-depute ordains defender to deliver up to Robert 
Pringle the infeftment following on said contract, with a 
sufficient renunciation ; because he confessed payment 
and granted having the infeftment. And whereas de- 
fender alleged a year's duty owing him by the said Robert, 
and till it was paid he ought not to deliver the writs, 
this was found no relevant excuse, but action was reserved 
to him for the duty if found liable. Andrew Pringle 
asked act of court and took instruments in respect as he 
alleged the bailie-depute had decerned against him ' dis- 
conforme ' to the order of law. Also decerns for 4 merks 
of expenses of plea, to be paid by him to pursuer. 

William Cairncrose of Allenschaws sues John Meine, Caimcross v. 
portioner of Newsteid, for 10 1. yearly for three years, 
1654-1656, for the ' watter maill of Tueed betuixt Leader- 
mouth and Newsteid mylne,' set by pursuer to him in 
tack, which tack is consigned in the hands of Andrew 
Tunno, notary in Melrose, with consent of both parties. 
Also he claims of him ' for streaking of the said water 
yeirlie the saids yeirs 58 s.' Pursuer depones he received 
no maill from defender except 5 1. Decerns for 7 1. 10 s. 

Thomas Gill, miller in Newton mill, sues Thomas Vair, Gin »■ Vair. 
smith there, who having wadset from Mr. John Currie, 
portioner there, certain lands in Newtoun, promised on 
13th March inst. to pay within 5 or 6 days to the pursuer, 
in the fore end of the wadset price, 10 merks which the said 
Mr. John Currie was owing to the pursuer * for the timber, 
nailes, and workeing of tuo doores wrought be the per- 
sewer to him att Quhitsonday last and conditioned to be 
payed be him befforhand, with xxx s. resting be him to 
the persewer for theiking of ane house in Newtoun,' 
extending to 8 1. 3 s. 4 d. Defender absent, pursuer de- 
pones upon the debt and promise. Decerns, with 16 s. 8 d. 
expenses. 

George Aird, herd in Melrose, sues William Cairncrose Aird v. Caim- 
of Allenschaws, for 10 1. Scots for half a year's service 



184 MELROSE REGALITY RECORDS 

wrought in 1656, with three loads of peats of bounty, at 
5 s. the load, and 5 s. of expenses for driving his lambs to 
Edinburgh that year. Decerns for the 10 1., absolves 
from the peats. 

Also sues same for 5 s. due to pursuer and his wife 
Bessie Merser for each of four days' work wrought to him 
in 1656. Decerns for 4 s. daily. 

Eccies v. Bui- William Eccles, servitor to Thomas Stenhouse in New- 
man " toune, sues William Bulman in Newtoune, for 3 I. 14 s. 

Scots of fee and a pair of hose of bounty, price 12 s. for 
half a year's service from Martinmas 1656 to Whit- 
sunday 1657. Decerns for 3 1. 12 s., with 10 s. 8 d. expenses. 

Paterson v. Gavin Paterson in Kiltknow complains against Andrew 

LeyJL ean Pringle in Haukeburne, John and Robert Leyss in Whit- 
law, whose horses, nolt, sheep, etc., in harvest 1655, ate 
and destroyed four bolls of oats, Melrose measure, 5 fulls 
to the boll, price with the fodder 5 1., and their bestial 
being thereupon apprehended were apprised by Robert 
Broun in Hemphauch, William Kirkwood in Creumshills, 
James Stobo in Blindlie and James Barrie, herd in Whit- 
law, for the said sum. James Stobo, 80 years, depones 
' ther wase oddis off fyve bolles eaten.' Robert Brown 
deponed likewise, and that Gavin Paterson' s bestial ate 
none thereof. William Kirkwood depones he comprised 
' 5 furlots aits and ane peck oats.' James Barrie deponed 
as above. Pursuer on oath purges his own bestial. 
Decerns conform to last comprising, and modifies 5 1. to 
the boll. 

Haiiiwaii v. Interpones decreet at instance of Thomas Halliewooll in 
Waugh. Galtounsyde against James Wauch in Melrois for 3 1. 16 s. 
with 16 s. 8 d. expenses contained in a former decreet 
pronounced by ' Drygrainge,' dated 2 August 1656. 

Brotherstones Janet Brotherstanes, widow of John Kyle, portioner of 

v. Bryden. Lessudden, and James Archibald, now her spouse, sue 

John Bryden there for 3 1. 10 s. for ferm bear and ale 



ARCHIBALD v. BRYDEN 185 

' taken on be the defender fra hir and compted to the said 
sowme att Mertymes bygone ane yeire ' ; and he also 
detains from her a ' tueile bolster ; worth 20 s. ; also he 
intromitted with ' ane dry waire stand ' worth 30 s. and 
took it away from her house ; also he borrowed from her 
' hir whole pleugh and pleugh graith except the colter ' 
about 6 years ago, worth 10 I. Defender denies the 3 1. 10 s 
and depones only 25 s. due. ' Ordaines the defender to 
speak with his wyfe for the bolster ; confesses the stand, 
decernes to delyver the stand and the defender to have 
sex shillings. Ordaines the persewar to depone for the 
pleugh graith and to prove the ferme beir.' 

Melrose, 24th April 1658 

Complaint, same against same, for half a boll of bear Brotherstones 
yearly, 1655-1657, Lessudden measure (5 ' mickel ' fulls "• Bryden - 
to the boll), due by him ' for the owtfeild land of the third 
of half a land in Lessudden ' pertaining to her and violently 
possessed by defender. Decerns upon Janet Brother- 
stone's oath for the plough graith conform to the former 
claim ; admits the bear to her probation as before ; 
principal 11 1. 5 s., expenses 16 s. 8 d. 

Complaint by Thomas Reidfuird in Melrose against Fisher v. 
William Fischer, portioner there, who in 1654 set to him 
three acres of land in the Annay of Melrose for crop 1655 
for payment of the master's duty and 9 1. to him ; and he 
set the same in tilling to James Merser in Newsteid, who 
tilled four ' yockings ' thereof ; and thereafter the defender 
set the same over again to Alexander Uschar, who entered 
to the said tilled land, whereupon James Merser raised and 
obtained decreet against the pursuer for four merks for 
the said ' yockings.' The defender ought to pay this, 
and 20 1. of profit which the pursuer might have had of 
the land. — 10 April 1658, defender denied setting the 
land to pursuer ; referred to defender's oath. — 24 April 
1658, absolves, defender deponing he never set the land 
to him. 



186 



MELROSE REGALITY RECORDS 



Hunter v. 
Anderson. 



John Anderson, portioner of Reidpeth, complains against 
William Huntar, portioner there, who cuts, destroys and 
takes away the pursuer's wood and trees in Reidpeth, to 
the number of 20 oak and birch trees, 40 s. the piece, 
which he ought to refund, besides a fine of 10 I. imposed 
by act of Parliament for cutting green wood. Defender 
depones he never cut any of the pursuer's timber.. 
Absolves. 



Gibson v. 
Moffat. 



Mein v. Cairn 
cross. 



Archibald Gibsone in Birkensid sues John Moffit in 
Threipwood, his tenant, for 12 1. yearly for 1656 and 1657, 
and 17 1. of crop 1655, extending to 41 1., besides 70 1. as 
the rent of the pursuer's husband land there, Whitsun- 
day 1657 to Whitsunday 1658. Defender absent, pursuer 
deponed the sums due to be as above, deducting a year's 
feu-duty and four years' cess. Further he claims 20 s. for 
the price of a dale. John Hall, portioner of Threipwood 
and James Meine, portioner there, declare that each 
husband land in Threipwood paid of cess yearly for 1655, 
1656 and 1657 the sum of 10 1. and for 1658 7 1. (their 
declaration dated Melrose, 31 March 1659 [sic]). The feu- 
duty and cess being deducted, there remains 70 1. of prin- 
cipal. Decerns therefor, with 3 I. 6 s. 8 d. of expenses. 

Complaint by John Meine, portioner of Newsteid, 
against William Cairncrose of Allenschawis, who set a 
three years' tack to pursuer of that part of the water of 
Tweid between the Newsteid mill and the ford of Leidder 
on both sides of the water, ' reserving onlie to himself the 
shooting barring and burning of the said watter ' ; but 
Drygrange's servants fished the north side, and the pur- 
suer wanted possession thereof for a year and a quarter, 
whereby he is damnified in 6 I. 6 s.; and the defender 
himself and others in his name ' did severall tymes strake 
the said watter and did catch furth therof every on of the 
said tymes the number of tuo fisches, price of the peice 
therof tuell shilling,' which he ought to pay, with 5 merks 
of penalty for breach of the tack. — 17 October 1657, Defen- 
der denies ' strakeing of the watter ' except once ; pursuer 



ACTION RELATING TO FISHINGS 187 

to prove. — 10 April 1657, compeared Thomas Turner and 
deponed ' he straked the watter att the persewers [sic] 
directione at severall tymes bot knew not weell how many 
fisch he got.' Robert Forsan ' deponed the lyke.' — 24 April 
1658, the judge finds that defender has not kept the con- 
ditions of the tack, and ordains him to pay to the pursuer 
5 merks of penalty therein contained, with 4 merks as 
damage sustained through defender's striking the water. 

John Cochrane in Darnicke accuses William Bullman Cochrane v. 
in Newtoune of detaining from him an obligation granted u man ' 
by pursuer to the deceased Stephen Bullman his father 
for 50 1., notwithstanding that the pursuer has paid to the 
defunct both the principal and annual-rents. — 27 March 
1658, the judge orders the bond to be delivered, and the 
defender to give his oath whether or not the annualrents 
are paid. — 10 April 1658, bond produced ; pursuer's wife 
to depone anent the annualrents. — 24 April 1658, ordains 
defender to give the bond to pursuer, with a discharge, 
and to pursue for his annualrent ; expenses, 13 s. 4 d. 

Melrose, 8 May 1658 

George Alexander in Mosshouses, lawful son and execu- Alexander v. 
tor of deceased Richard Alexander, desires authority to 
be interponed to a decreet obtained by him, 2 May 1657, 
decerning James Davidson, portioner of Blainslie, to pay 
to him 12 1. Scots of principal and 12 s. of expenses. 
Judge interpones decreet ; expenses of extracting, 16 s. 8 d. 

In 1650, between Michaelmas and Martinmas, John Mitcheison v. 
Stobo, hind in Colmsliehill, came to the town of Leastoune Fairgrieve. 
and desired James Mitcheison, merchant burgess of Edin- 
burgh, to deliver to him for the use of Thomas Feirgrive 
in Bentmylne a barrel of tar, which Mitcheison did, and 
Stobo carried the same south here, having agreed to pay 
40 1. therefor within 8 days or else 100 merks ; yet they 
refuse to make payment. Defender absent, decerns on 
pursuer's oath for 40 1. principal and 19 1. 3 s. 4 d. of 
annualrent ; expenses, 4 1. 



188 



MELROSE REGALITY RECORDS 



Vairw. currie. Complaint by Thomas Vair, smith in Newtoune, against 
Mr. John Currie, portioner there, who was owing to 
Thomas Gill in Newtoune 8 I. 3 s. 4 d. ' for dooers makeing 
and his house theikeing,' and at his earnest desire the 
pursuer undertook payment, and Gill obtained decreet 
against him on 10th April last for the said sum, with 
16 s. 8d. of expenses. Mr. John Currie on 19th March 
1658 obliged himself for the pursuer's relief, but refuses 
to do so. Ordains Mr. John Currie to relieve the pursuer 
or pay the sum acclaimed ; expenses, 13 s. 4 d. 



Pringle v. 
Henrie. 



Anderson v. 
Heitoun. 



Thomas Pringill in Stow sues John Henrie in Allen- 
schawis for 6 I. Scots as the balance of the price of an ox 
bought from the pursuer at Martinmas a year past. 
Decerns on pursuer's oath, defender absent ; expenses, 
13 s. 4 d. 

Melrose, 5th June 1658 

Complaint by Margaret Andersone, widow of John Eccles 
in Newtoune, and John Eccles, their eldest lawful son, 
against John and Andrew Heitoun, portioners of Newtoune, 
who obtained decreet, 27 December 1636 from deceased 
James Pringill of Buckholme, bailie of the regality, against 
pursuer and her spouse for 25 I. Scots with 20 s. expenses, 
and another decreet by him, 28 July 1638, against the 
same for 33 1, with 26 s. 8 d. expenses ; and on 8 November 
1651 they obtained authority interponed to these decreets, 
notwithtsanding that the said deceased John Eccles paid 
the whole sums, principal and expenses, to them before 
his death, except 6 I. Scots ; and they desire that execu- 
tion be stayed and probation led. — 6 December 1651, con- 
tinued to 13th. — 20 December 1651, Robert Meine, mason 
in Newsteid, married, 60 years, depones he heard John 
Eccles, on death-bed, 24 hours before his decease, declare 
he was owing nothing to John and Andrew Heitoun save 
6 L, conform to a note then made by the deponent dated 
17 March 1644, produced. Alexander Meine, son of said 
Robert, depones the like. James Bunzie depones as 
above. — 22 May 1658, defender to be cited to hear sen- 



THE TOWN HERD 189 

tence. — 5 June 1658, the judge pronounces sentence con- 
form to said depositions, and ordains decreet to be delivered 
back before extracting. 

Anthony Murray by his precept, 25 May 1657, desired Alexander v. 
William Taite and William Bellanden in Ladhopemure to BeUenden. 
pay to George Alexander in Mosshouses 12.1. Scots out of 
the readiest of the Whitsunday rent ; but they refuse, 
and George Alexander asks decreet. Decerns conform to 
the bill and precept produced. 

William Edgar in Melrose sues Andrew Darling in Edgar v. Dar- 
Appelltrileives for 12 1. Scots borrowed ' quhen the trow- ing- 
pers wase lying upon him,' who promised payment on 
9 May 1658. Decerns as confessed, defender absent. 

James Wallace, portioner of Melrose, for himself and Wallace v. 
the rest of the feuars and possessors of the town of Melrose 
and Danieltoune, complains against Francis Scott in 
Melrose and Adam Lythgow there, his resetter, in respect 
that before last Pasch the pursuers hired and feed the said 
Francis to be town herd and promised him 3 1. of fee and 
a pair of shoes in bounty, worth 8 s., and he promised to 
enter immediately, but failed therein, and his resetter will 
not exhibit him or pay the fee. Decerns defender to enter 
to his service or pay the fee. 



Melrose, 19th June 1658 

Complaint by John Stobo in Colmsliehill against George Pringie v. 
Pringill of Buckholme and Thomas Feirgrive in Colmslie, 
in respect Pringie ordered the pursuer as his servant to 
obtain from James Mitchelson in Edinburgh a load of tar, 
and Mitchelson obtained decreet against pursuer for the 
price, but Pringie received the tar and delivered half there- 
of to Fairgrieve, both of whom ought to relieve him. 
Pringie depones he neither directly nor indirectly in- 
structed pursuer to get tar for him ; absolves. Fairgrieve 
to be cited to next court. 



190 



MELROSE REGALITY RECORDS 



Laidlaw v. 
Reidfurd. 



Ecoles v. 
Unes. 



Bowar. 



William Laidlaw in Fadounsid sues Thomas Reidfuird 
in Melrose for 71. 8 s. Scots as balance of a greater sum. 
Held as confessed, 13 s. 4 d. expenses. 

Mungo Eccles, servitor to William Ker, portioner of 
Newtoune, sues David Unes in Lessudden for 9 1. 12 s. as 
agreed-on price of 6 firlots of ' bounteth beire ' sold to 
him about a year last Martinmas, and payment promised 
at St. Mungoes day thereafter. Decerns as confessed for 
4 1. 13 s., with 10 s. expenses. 

John Bower, Eister, portioner of Eildoun, complains that 
John Bowar, Wester, there, in March last directed his 
servant woman, Isobel Riddell, * to take the fewill and foile 
of my own peis stra of my dung hill steade and laye it 
upon his,' and he ought to be fined. The judge ' ordaines 
aither partie to soupe efter thair mucking and dighting in 
the entrie, and when they doe not mucke to dicht and soope 
day about the entries that goes in and owt to and from 
thair houses, and this act to abide remaine and stand in 
full force and effect in all tyme cuming as wase clerlie 
understood.' 



Cairncross v. 
Turnbull. 



Notman v. 
sundry. 



Melrose, 3d July 1658 

William Cairncrose of Allenschawis sues Adam Turnbull, 
mason in Newsteid, for 4 1. 10 s. as the agreed-on price of 
a boll of oats bought from pursuer two years ago. De- 
fender absent, held confessed at 3d diet ; 13 s. 4 d. 
expenses. 

John Notman, miller in Langschaw mill, and Patrick 
Scott, his master, complain against the following persons, 
whose lands are astricted and thirled to the mill of Lang- 
shaw, yet they have abstracted their multure and sent 
their grain to other mills to be ground, viz. John and 
Robert Leyes in Whitlaw, 30 bolls of oats within the 
past 15 days, whereof the multures, etc. extend to a boll 
of meal and ' schilling ' ; Thomas Caldcleugh in Blainslie, 



THIRLAGE TO LANGSHAW MILL 191 

20 bolls of oats, Roxburgh measure, of crops 1656 and 
1657, being a boll and a firlot of meal and ' schilling,' of 
multure. The pursuer and Andrew Tunno his procurator 
produced a decreet obtained before the sheriff of Rox- 
burgh by the said Patrick Scott in 1654 ordaining the fore- 
said persons and others to grind all their corn at the said 
mill, excepting the teind and seed. The judge ordains 
defenders to compear next court and depone what they had 
abstracted. Thomas Caldcleugh depones he abstracted 3 
bolls, crop 1656, and has paid the multure thereof since, 
and 5 bolls, crop 1657. Decerns. John Leyes confesses 
10 bolls. Decerns. Robert Leyes confesses 10 bolls. 
Decerns. Modifies 9 1. for crop 1657, and for crop 1656 
according to the fiars ; so Caldcleugh is liable in half a 
firlot ' schilling,' crop 1657, 30 s. as the multure of 5 bolls 
of oats, with 5 mutties of meal, at 3s. the muttie, 15 s., 
being the knaveship, 45 s. in all, with 10 s. 8 d. expenses ; 
and John and Robert Leyes are due half a boll ' schilling' 
as the multure of 20 bolls, at 6 I. for the ' schilling,' and 
half a firlot of meal, 3 1., in all 9 1. with 40 s. expenses. 

John Scheill in Ersiltoune sues Andrew Pringle in Hauke- ScheM v. 
burne for 36 1. Scots ' for the fraction of three trowps horse Prm s le 
in Captan Walter Scott, Sir Walter Scott of Quhitslaid, 
and Robert Ker of Faldounsyd, their troups, the yeire of 
God 1650, which money wase payed to him be James 
Lythgowe of Drygrainge ' ; also the half of 42 1. 3 s. 
' received be him fra the toune of Melrose for fractiones 
of horse delyverd to him be William Edgar, Andro 
Phaup, and others, the yeire of God 16 — .' Defender 
desired inspection, granted. — 13 June 1657, defender 
failed to give in defences, so judge admits to probation. — 
4 July 1657, continued. — 11 July 1657, Alexander Uschar 
deponed that James Lythgow and he did deliver to Andrew 
Pringill ' for the fractiounes of thrie trouping horse ' 72 1. 
Scots, whereof the said James had the receipt signed by 
Andrew Pringle, ' which sowme was allowit in the few 
maill dew be Mr. William Wallace to the Erie Hadington 
for certane bygane maills.' — 30 January 1658, produced a 



192 



MELROSE REGALITY RECORDS 



Lithgow v. 
Moffat. 



Mertoun v. 
Merser. 



discharge by Andrew Pringill in Halkburne to Andrew 
Phaupe for 42 1. 6 s. dated 6 July 1650.— 3 July 1658, 
decerns conform to the libel and depositions and copy of 
discharge produced ; execution to stay till the principal 
discharge is produced ' to ly in proces, never as yit 
extractit.' 



Complaint by John Moffit in Threipwood against John 
Lythgow in Newhouses, who set to the pursuer the ' two- 
part ' of a husband land in Threipwood, with houses, etc., 
in a three years' tack, and while the pursuer has paid to 
him the whole tack duty he refuses to grant a discharge, 
and has registered the tack and poinded the pursuer's 
goods. He also claims 20 1, yearly of damage through 
want of a ' sitt-house and barne and ane byre,' which by 
the tack he was obliged to erect for the pursuer in timber 
and stones, and the pursuer was to ' ture and theik con- 
forme to the ordor of master and tenandrie.' — -8 March 1658, 
probation. — 22 May, copy of claim to be given to pur- 
suer [sic]. — 19 June, reply produced, ordains defender to 
see and eik. — 3 July 1658, absolves defender from the 
claim and promise, being referred by pursuer to his oath. 

John Merser, portioner of Brigend, sues James Mertoun, 
tailor there, for 3 1. Scots due to him for weaving 60 ells 
of woollen cloth, at 12 d. the ell. Also the defender out 
of malice about 4 years ago did ' sell and kill ' a ewe of 
the pursuer's, price thereof with the lamb 5 I. Absolves 
defender on his oath from both claims. 



Melrose, 10 July 1658 

Purves». John Anderson, portioner of Ridpeth, is ordained to 

Anderson. p a y i Q j ame s Purves in Ersiltoune 10 1. 18 s. Scots borrowed 
before Fastingsevin last, payable within 20 days there- 
after under pain of doubling ; decerned on pursuer's oath, 
defender absent ; 20 s. expenses. 

Hail v. Freir. Katherine Hall, wife of Andrew Mar, portioner of Gal- 
tonsyde, sues Agnes Margit [sic] Freir, servitrix to John 



PASTURING EWES 193 

Halliewooll called Croce, and Margit Mein his spouse, in 
respect that 40 days before last Whitsunday the pursuer 
feed her with her master's consent from Whitsunday 
last to Martinmas next, for 5 1. of fee, half a peck of lint 
seed sowing, a pair of shoes worth 10 s., half an ell of 
' lyneing 'worth 8 s., and an ell of ' harden ' worth 6 s. 8 d., 
notwithstanding whereof she remained in her former 
service, and the pursuer craves payment of 3 s. [? daily] 
since Whitsunday last as damages, or else of the fee and 
bounty. Defender denies, referred to her oath, who refers 
back to pursuer. Decerns either to enter home or pay 
the fee and bounty, being 6 1. 9 s. of principal, with 16 s. 
8 d. expenses. 

Richard Sclaitter, portioner of Eildon, sues Margit slater v. 
Andersone, wife of James Mein there, for 3 I. as the agreed- n erson 
on price of a soom of sheep ' sett be him to hir in the West 
feild of Eildone in sumer present,' of which she promised 
payment at Whitsunday last. Decerns as confessed be- 
cause pursuer deponed thereupon. 

About Yule last Andrew Smyth, burgess of Lauder, smith v. 
bought from James Caldcleuch in Braidwoodscheills Caldcleuch - 
seven ewes at 40 s. the piece, which Thomas Caldcleuch 
his brother, at his direction, delivered to the pursuer, and 
there was a verbal condition that James and his brother 
should pasture them till Whitsunday thereafter ; but on 
the pursuer going then to receive them, the defender refused 
to deliver them, though the pursuer several times offered 
the price agreed on and is still willing to pay. He ought 
therefore to deliver the ewes with their lambs, undipped, 
or 3 1. 6 s. 8 d. for the piece overhead. — 3 July 1658, 
pursuer refers to defender's oath, and is to find caution 
to answer, and defender is to have inspection of the 
claim. — 10 July 1658, in respect defender granted the 
bargain, pursuer resiles from his oath and offers to prove 
that he offered the money the morning after the bargain. 
Thomas Caldcleuch declared the pursuer came with the 
money. Decerns to deliver the ewes, or 3 1. the piece, 
with 33 s. 4 d. expenses. 

N 



194 



MELROSE REGALITY RECORDS 



Act, Blainsly 
v. Braidwod- 
scheel. 



Complaint by John Pringill, portioner of the Nether- 
towne of Blainslie, John Sunhous, portioner there, John 
Darling and John Stirling, portioners there, for themselves 
and the rest of the feuars and possessors of the said town 
of Blainslie, against Thomas Caldcleuchin Braidwoodscheill, 
who unjustly, without any right, and contrary to all order 
of law, ' pastures, hirds and keipes the number of threttie 
thrie sowmes of horses, scheip and nolt, upon the infeild of 
the said Nethertowne of Blainslie, notwithstanding that 
the rowme of Braidwoodscheill wes and hes bein bot ever 
in use in all tymes bygane to pasture sex sowmes of scheip 
and nolt proportionallie upon the said ground of Blainslie 
and fourteine sowmes of horse, nolt and scheip upon the 
hill or outfeild, as can be evidentlie provin and notorlie 
maid manifest both by the chartor of Braidwoodscheill 
and sindrie actis of court and sentences past heir in this 
judicatorie theranent, as the samen if they wer producit 
will schow.' Notwithstanding of their remonstrances, the 
defender continues to pasture in the hill, and they claim 3 1. 
for each of 13 ' oversowmes,' extending to 39 1., and 10 1. 
of penalty imposed by a former act of this court. The 
judge ordains the defender ' to pasture twentie sex sowmes 
quher the nichtbours of Blainslie pastures thairis con- 
forme to the chairtour, with ten punds for each over- 
sowme to be payit to the baillie.' 



Little v. 
Turner. 



Thomas Litle in Allaneschawes sues James Turneor in 
Nether Langschaw for 6 1. 13 s. 4 d. Scots due by him as 
cautioner for John Adame, servitor to Andrew Cairncroce, 
as the balance of ' gresmaill ' for bestial pastured by the 
pursuer to him from Whitsunday 1657 to Whitsunday 
1658, whereof he promised payment at St. Bernards day, 
Whitsunday, and Midsummer, all last bypast. Decerns 
on pursuer's oath, defender absent ; 16 s. 8 d. expenses. 



Mertoun and 
Merser. 



John Merser, portioner of Brigend, depones he dreads 
bodily harm of James Mertoun, tailor in Brigend, who 
finds George Mertoun cautioner for the safety of the said 
John, under pain of 100 1. ; and he deponing as above, John 



MASTER AND APPRENTICE 195 

Merser has to find Thomas Law, portioner of Melros, 
cautioner in the like penalty for Mertoun's indemnity. 
' (Sic subscribitur) Tho. Law ; I. M. ; Geo. Wallace, els. 
subscryves for the saids James and George Mertounes.' 

Marion Hendersone, widow in Longschaw, and Janet Wauch v. 
Wauch her daughter, sue Patrick Blakie, younger in Calf- 
hill, for 4 I. 10 s. Scots of fee for half a year's service 
wrought by the said Janet Wauch to him from Whitsunday 
1657 to Martinmas 1657. Held for confessed, 2 diet, 
defender absent ; 13 s. 4 d. expenses. 

John Scott, weaver in Galtounsyd, sues Richard Lowrie, Lowrie v. 
servitor to George Scheill in Dainyeltoune, and present cott- 
apprentice to him, because at Whitsunday last he hired 
himself, with consent of Katherine Bannatyne his mother, 
to be the pursuer's apprentice for three years thereafter, 
and promised 26 1. of ' prenteisfie,' and ' ane nolts gres 
of bounteth, pryce 40 s.' conforme to the indenture ; and 
having accordingly entered to service, he abode 14 days 
and then causelessly deserted. He ought therefore either 
to enter home to service for the stipulated time and pay 
10 merks * for the break,' or else pay the prentice fee. 
Several defences being alleged at divers diets, and answers 
made by pursuer, the judge admits to pursuer's proba- 
tion. William Mertoun in Westhouses, 24 years, depones 
that the defender and his brother came to the pursuer 
after the desertion and offered himself again in service 
upon new conditions, but the said John Scott would stand 
only to the first conditions, so they went away ; knows 
nothing of the first condition. Thomas Bowstoune, 
younger, same age, depones as above. Pursuer gave his 
oath de calumnia. Absolves conform to the depositions. 

Melrose, 24 July 1658, Gideon Jacksone 

Adam Turnebull, mason in Newsteid, sues William Tumbuii v. 
Cairncrose in Allaneschawis for 5 I. 10 s. Scots ' for the 
bigging of his houss in Old Melrois sevin yeirs since or 



196 MELROSE REGALITY RECORDS 

therby,' with 2 stones of cheese of bounty, at 3 1. the 
stone. Decerns on 3d diet for the money, and modifies 
3 I. for the two stones of cheese ; principal, 8 I. 10 s., 
expenses, 16 s. 8 d. 

Rae v. Moffat. Robert Moffit, tenant to Sir Patrick Hamiltoun of Pres- 
toun, complains against Robert Rae, younger, in Threip- 
wood, who two years ago hired himself to be the pursuer's 
hind and servant for a year, from Whitsunday 1656 to 
Whitsunday 1657, with a woman servant with him ; for 
which year's service the pursuer promised him 8 bolls of 
oats, Lothian measure, at 4 1. the boll, with 3 firlots bear 
or pease, at 3 L, with two sooms of goods, ' ane of kyne, 
the uther yewes,' at 4 1. the soom, and a boll of oats sowing 
and a firlot bear, worth 10 1. ; but within 15 days before 
the term he came to the pursuer to give him over, which 
he refused, and suffered great loss for want of a hind. 
Defender deponed he hired himself to pursuer ' provyding 
his father and his wyfe wald be content,' and then gave 
over the pursuer. Absolves from the claim. 

Wright v. Thomas Wright in Kaidislie sues John Hendersone in 

Blainslie, in respect the pursuer 14 days before Yule last 
had a grey web belonging to John Dunnant in Thirlestone 
Mill in weaving, who when it was woven desired him to 
deliver it to the defender to take to the walker in Gallo- 
scheills, Robert Maben, and the defender receiving it took 
and offered it to the walker * upon the pand or wadset of 
sum monie, calling it his awin, quhich he refuist to give 
him, and thaireftir he went to William Maben and laid it 
in pand for 3 lib. lis. 6 d. ' and now John Dinand is 
' seiking ' the pursuer for the same ; yet Hendersone will 
not redeem the pledge, and thus has betrayed his trust. 
Defender denies, admitted to probation. William Maben 
in Galloscheills depones ' he payit xliiij s. to George Freir 
for the defender and that he borrowit twa merk from 
himselff and laid the web in pand to him and desyrit him 
to put it to Robert Maben to walk.' Robert Maben there 
depones he received the web ' from his nevoy, and de- 



Henderson, 



MURDERING ENGLISHMEN 197 

claires nyne elnes walkit cloath.' ' Finds this cleirlie 
provin and decernes conforme, principall by the cloath 
is 3 lib. 10 s. 8 d. ex. for this onlie ' [sic]. 

On 12th April 1658 a Minute of Contract was made Forrester v. 
between Thomas Forrester, only lawful son of the deceased 
Mr. Thomas Forrester, minister at Melrose, on the one part, 
and Helen Ker in Melros, on the other part, whereby for 
350 merks he sold and disponed to her ' his haill onsteid of 
houses and yaird within the precinct of Melrois,' her entry 
to be at Whitsunday last, which contract is in the custody 
of George Wallace, notary in Melros, and contains 20 merks 
of penalty. He has performed his part, but the defender 
refuses to do hers, so he with concurrence of Agnes 
Kennedie, his mother, desires the deed to be registered. 
Decerns the defender either to pay the penalty or observe 
the conditions claimed. 

Complaint by John Merser, portioner of Brigend, that Mertoun v. 
James Merton there on Ersiltoun fair day last in presence 
of famous witnesses ' did calumniat and sclander the per- 
sewar in his good name oppinly approving saying and 
avowing that he quhen he was sojour in England in anno 
1643 and 1644 did murder Englismen.' Defender denies, 
admits the pursuer's probation. Janet Leyes depones 
she knows nothing of defender's calumniating John 
Merser. Helen Bowstoun depones she heard them ' call 
uther swingeris, and hard ane of them call uther murder,' 
but knows not who it was. Defender absolved. 



Melrose, 31st July 1658 

William Andersone, portioner of Ridpeth, sues George Anderson v. 
Merser in Coldstreame, portioner of Dernick, for 141. 2 s. erser- 
Scots as the agreed-on price of the corn and straw of the 
teind of a husband land in Ridpeth, crop 1647, standing 
in stack in Ridpeth and intromitted with by the said 
George, who promised payment when he paid John Porter- 
feild the valued teind duty. Defender alleged the sum 



198 



MELROSE REGALITY RECORDS 



Blakie v. 
Cairncross. 



was allowed in an account between James Lythgow and 
the pursuer. Pursuer deponed it was never allowed in 
any account. Decerns. 

John Blakie in Colmesliehill sues William Cairncroce of 
Allaneschawis for 14 I. Scots as the balance due for five 
sooms of goods, viz. 3 kine with their followers and a 
horse, set by pursuer to him and pastured with him a 
year past at Whitsunday upon the ground of Colmslie. 
Held as confessed. 



Lookup v. 
Cairncross. 



Strong v. 
sundry. 



Drummond v. 
Maben. 



William Cairncroce of Allanshaws is ordained to pay to 
James Lookupe in Melrois 48 s. Scots for 15 days' shearing 
in harvest 1655 at 4 s. per day, extending to 3 1. and where- 
of he received 12 s. and the balance is resting, conform to 
pursuer's oath. 

Mr. James Strong, schoolmaster at Melrois, seeks en- 
forcement of a decreet obtained by him, 17 October 1657, 
against ' the haill elderis of the parochin of Melrois and 
utheris thairinnamed ' for his fees due to him ' out of the 
townes, rowmes and steids within the said paroche,' 1657. 
Judge interpones decreet. 

Thomas Drumond in Dainyelton represents that his 
yard adjoins that of Robert Maben in Dainyeltoun, and 
there is ' ane hedge of tymber growand upon ane balk 
pertening to the said Thomas,' but Robert Maben ' hes 
delved and castin upe the same unto the merche stones 
one the syde nixt his yaird, thinking to appropriat the 
same to him.' He desires the judge to cause George Boe 
in Dainyeltoun, Andrew Eilleis there, Thomas Eilleis 
there, and John Bichet there, ' pas and sicht the samene 
and sett doune merche stones betuixt them for schuning 
of contraversie in tyme comeing.' — 24 July 1658, the 
judge authorises any three of them to set march stones 
and report to whom the hedge belongs and who is in the 
wrong. — 30 July 1658, compeared upon the yards of 
Thomas Drumond and Robert Maben Gideon Jacksone, 



DISPUTE REGARDING A HEDGE 199 

bailie of Melroisland, with Thomas Eilleis, wright in 
Dainyeltoune, George Boe there, and John Bichet there, 
who deponed the hedge belonged to Drumond's yard, and 
the entry at the east end of the said Thomas Drumond's 
house belongs also to him, and ' wee ordainet him to have 
the fuillie of the whole gate betuixt the commoun slope 
and the eist syde of the said entrie, because wee know 
that it did propperlie pertein to Thomas Drumonds 
predicessoris.' — 31 July 1658, judge decerns conform. 

William Cairncroce of Allaneschawes sues Andrew Darling v. 
Darling, portioner of Apiltreelives, for 38 1. Scots as the Cairncross - 
price of a white nag bought from pursuer in oat seed time 
last. Held as confessed, the officer having personally 
cited defender to this, the third, diet ; four merks of 
expenses. 

Melrose, 14 August 1658, G. Jacksone 

Andrew Garland in Clarilaw sues Thomas Gastoun in Gastoun v. 
Lessudden for 10 merks as balance of price of 4 bolls of Garlandi 
bear bought from pursuer in 1656 at 7 I. the boll. De- 
fender alleged payment of the whole except 10 s. Scots ; 
to prove. Defender's probation is thus : — At Selkirk, 14th 
August 1658, compeared judicially James and Peter 
Watsones, merchants burgesses of the said burgh, who 
being sworn by William Riddell, bailie there, deponed 
that Thomas Gaston in Lessudden in the said Peter's 
house paid to Andrew Garland 14 I. Scots as part of 15 I. 5 s. 
and also 15 s. Scots, so rests but 10 s. Signed by William 
Riddell, and Andrew Andisone, clerk. 10 s. paid judi- 
cially. — Same day, absolves defender, in respect of these 
depositions produced from the bailie of Selkirk. 

William Henderson in Bentmiln sues Patrick Blakie, Henderson ». 
younger, in Calf hill, for 5 I. Scots as agreed-on price of half a ie ' 
a boll of oat meal bought in March 1657, to be paid on 
11th June thereafter. Decerns on pursuer's oath. 

Also sues him for 12 t. promised for a year's service 



200 MELROSE REGALITY RECORDS 

wrought by pursuer's son, William, to him from Whit- 
sunday 1657 to Whitsunday 1658, with three ells of ' gray 
of bounty, at 24 s. the ell, and two ells of plaiding at 
7 s. the ell. Decerns on pursuer's oath, modifying 20 s. 
for the gray and 6 s. for the plaiding ; principal, 10[?] 1. 
5 s., expenses, 26 s. 8 d. 

Act.Goodwife Complaint by Isobel Lythgow, goodwife of Sorrow- 
Held v. Janet lesf eild, and William Edgar, procurator fiscal, for his 
Scheiii [sic], interest, against Janet Steinsone in Craixfoord, as fol- 
lows : — Five weeks past last Sunday the said Janet came 
to complainer's house in Sorrowlesfeild, when she and her 
whole family were at Ersiltoun church except one servant 
woman who kept the house, and took away a full of bear 
and pease in time of divine service, which she hid in a yard 
in Craixfoord, ' and wes thairefter found out be Thomas 
Sclaitter, John Chisholme and John Feirgreive, as indwel- 
laris there, which they maid knowin and divulgit to the 
persewar, and thaireftir scho tooke the samene from the 
place quher it wes hidden in into hir awin house ; and 
being ryped be your Lordships order be Alexander Uschar, 
officer, both for that and uther things the persewar wantit, 
fand nothing in respect scho had dismist these except 
onlie the said full beir, and wes thairefter brocht to thes 
towne quher it is yit in Thomas Law his house.' She 
ought therefore to be fined and punished conform to the 
acts of Parliament and common practice. Further she 
' does oppinlie calumniat the persewaris deceist parents, 
speiking of them such scandelous words and speitches 
as is not worthie repetitioun.' Defender confesses she 
reset and brought from Sorrowlesfeild the time libelled 
a peck of victuall ' quhich was delyverit to hir be the 
goodwyffes servand woman ' ; admits last part to pur- 
suer's probation ; who passes from the whole ; ordains 
defender to become acted not to trouble the pursuer in 
time coming by word or deed, under pain of banishment, 
who willingly enacted accordingly. George Wallace, 
notary, signs for her. 



PURCHASE OF PLAIDS 201 



Melrose, 2d October 1658, Gideon Jacksone 

Complaint by Margaret Ker, widow of James Cairn- Ker v. Caim- 
croce of Calf hill, and Anthony Murray now her spouse, cr 
against Barbara Cairncroce, wife of Mr. William Duguid, 
minister, portioner of Apletreleves, as follows : — About 
seven years ago Margaret Ker sent in to Edinburgh with 
Marion Fogo in Blainslie the sum of 181. Scots, which 
the said Marion delivered to the said Barbara ' to have 
bocht ane pair of good and sufficient new plaids with to 
the persewar,' as she had before promised to do and had 
asked the money to be sent ; yet neither are the plaids 
delivered nor the money returned. Defender confesses 
receipt of the money, but alleges pursuer owed her a greater 
sum. Decerns upon her confession, and pursuer to find 
caution before extracting to answer at defender's instance ; 
Andrew Cuik in Melros becomes cautioner. Expenses, 40 s. 

Anthony Murray sues Alexander Uscher in Melrois who Murray v. 
received from pursuer about 5 or 6 years ago in presence s er ' 
of witnesses 4 rex dollars, value 11 1. 12 s., to account of 
his feu maills of Ladopemure, for which he promised a 
discharge, ' and which sowme wes nowayes allowit be the 
defender to the persewar duiring the defenders tyme in 
the service of chamberlanrie,' and though the pursuer has 
since paid all bygones, the defender will not restore the 
said money. Ordains pursuer's procurator to find caution 
to answer, and defender to have a copy of the claim to 
advise with his oath, to which it is referred. 



Melrose, 16 October 1658, Gideon Jacksone 

John Fischer of Westerhousbyre complains that James Fisher v. 
Moffitt, James Merser, tacksmen of the half of Eister sundry - 
Langlie, and William Fischer, his brother, portioner 
thereof, both daily and nightly ' eat his gres and pasture- 
age with thair horsses, nolt and scheip, upon the saids 
lands of Housebyre ' ; and desires an act of neighbour- 



202 



MELROSE REGALITY RECORDS 



hood. The judge grants the act and ordains each horse 
to pay 4 s., each nolt 2 s., and each sheep 4 d. 

Bell v. sundry. Complaint by Francis Wauchope, brother of Sir James 
Wauchope of Nidrie, assignee from Mary Johnestoun, 
widow of Mr. James Thomesone, with consent of Timothy 
Bell now her husband, to the annualrent of the principal 
sum of 3600 merks due to them from the valued teind 
duties of the lands of Ridpeth, and George Bell, present 
tacksman thereof, against John and William Andersone, 
portioners of Ridpeth, John Rodger, portioner there, and 
Andrew Cairncroce, portioner there, who are owing as 
follows, John Anderson 6 1. 7s. 1 d. of crop 1657, and 12 I. 
14 s. 7 d. of crop 1658 ; William Anderson 10 1. lis. 10 d [?] 
of crop 1657, and 21 1. 8 s. 8 d. of crop 1658 ; Andrew 
Cairncroce the same, and John Rodger the same, all as 
their proportions of the above annualrent, which they 
were accustomed to pay to the said Francis and his cedents, 
and now the tacksman claims payment, which is refused. 
Being examined, the defenders confess the debt, and are 
ordained to pay the said sums to the said George Bell 
during his tack ; expenses, 4 I. 



Watson v. 
Davidson. 



Isobel Watson, wife of George Adinstoune in Phanes, 
sues Robert Davidsone in Blainslie for 8 I. of fee ' for hir 
service and scheiring in harvest 1656.' Held as con- 
fessed ; 13 s. 4 d. of expenses. 



Act, Threip- 
wood v. New- 
houses. 



Complaint by James Moffit, portioner of Threipwood, 
Archibald Moffitt, portioner there, James Mein, portioner 
there, and William Moffitt, portioner there, and the rest 
of the feuars and possessors thereof, against John Lythgow, 
portioner of Newhouses, ' who daylie and nichtlie oppressis, 
pastures, hirds, feids, keipes and lawis his haill bestiall, 
horses, nolt and scheip upon thair ground and lands of 
Threipwood,' and desiring act of court for stopping him. 
Decerns conform, and ordains every horse to pay 4 s., 
every nolt 2 s., every soom of sheep 4 s., when found 
pasturing as above. 



BREACH OF CONTRACT 203 

John Miln, portioner of Newtowne, sues Thomas Law, MUn v. Law. 
weaver in Melrois, for 6 I. 12 s. Scots borrowed in March 
last. Held as confessed ; 10 s. 8 d. expenses. 

David Unes, portioner of Lessudden, complains that Unes v . 
Mungo Ecckles, servitor to John Bunyie, portioner of New- 
steid, who at Whitsunday 1657 promised to serve him till 
Martinmas thereafter for the same fee as he had shortly be- 
fore served him for, viz. 6 1. Scots and a boll of bear, price 
6 1. 6 s. 8 d. and a pair of shoes worth 12 s. ' or according 
to the actis of the justices of peace which is ten punds, or 
aither of them at his option, and gave him his hand thair- 
upon ' ; yet he remained with William Ker and broke 
his condition, whereby the pursuer was destitute of a ser- 
vant. Defender denies the promise ; pursuer to prove. 
John Unes in Lessudden depones that Mungo Ecckles 
' gave David Unes his hand to serve him half ane yeir 
lybellit, bot knowes not the conditioun of the fie, bot 
that it wes to agree betuixt them or conforme to the justice 
actis.' James Archbald there depones also as to the 
promise. Decerns defender to pay the fee conform to the 
justice acts, ' which the baillie restricts to iiij lib.' 

Melrose, 30 October 1658, G. Jackson 

Robert Ker of Fadounsyde sues William Fischer in Ker v. Fisher. 
Melrois for 40 merks borrowed 8 or 9 years ago. De- 
fender granted 10 merks and denied rest. Referred to his 
oath, and deponed conform. Decerns for 10 merks ; 
absolves from the rest. 

John Turnebull of Catpair sues John Henry in Allane- Catpair v. 

Henry 

schawes for 48 1. Scots as the agreed-on price of 80 lambs 
bought from pursuer at Whitsunday 1657, at 22 1. the score, 
the pursuer granting receipt of 40 1, thereof. Held as 
confessed, 3d diet, defender absent ; expenses, 3 1. 6 s. 8 d. 

Robert Mein in Newsteid sues Margaret Brown in Mein v. Brown 
Melrois, cautioner for the deceased Helen Bowar there, for andStenhousc ' 



204 



MELROSE REGALITY RECORDS 



Walker v. 
Darling. 



3 1. contained in the sheriff's decreet two years ago and still 
unpaid. Decerns the cautioner to pay 20 s. ; in com- 
pensatioun of the 3 lib.' Also sues Thomas Stenhous, 
portioner of Newton, who owes him 25 s. Scots borrowed 
from the pursuer in Selkirk 4 or 5 years ago. Held as 
confessed, 3d diet. 

George Walker, elder, burgess of Lawder, sues Thomas 
Darling, elder, wright in Blainslie, for 50 merks ' as dew 
contentatioun and satisfactioun to him (by and attour 
any thing he had formerlie received) for defending and 
persewing in the actiounes persewit againest Margaret 
Davidsone and John Darling hir spous and hir sone be 
them against James Davidsone in Jedburgh, Kelso and 
Melrois, respective, and advysing the said Margit and hir 
spous there causes (in Edinburgh with men of law).' Held 
as confessed, defender absent ; modifies 20 1. ' in com- 
pensatioun of all ' ; expenses, 33 s. 4 d. 



Dalgleish v. 
Henry. 



Cochrane v. 
Bryden. 



Scott v. Hall. 



Melrose, 13th November 1658, G. Jackson 

Adam Dalgleis in Wheithope sues John Henry in Allane- 
schawes for 52 1. 11 s. Scots for oats bought from pursuer 
and James Donaldsone in Blainslie. Decerns as confessed, 
3d diet, defender absent, and his procurator produced no 
defence. 

James Cochrane in Lessudden, heir and executor to 
dec. Robert Currae there, sues James Bryden there for 
12 1. Scots for ferme bear, due to defunct ; which he re- 
fuses, ' albeit he enterit in payment with him and payit 
him a part of ane greater sowme thairin conteinet and als 
of his faithfull promeis without compulsioun mair xxix s.' 
Held as confessed, with 13 s. 4 d. expenses. 

Decerns John Hall, sometimes miller at Langschaw- 
miln, now at Longschaw, on his own confession, to pay to 
Captain William Scott, brother to Galloscheills, 6 L 10 s. 
as the agreed-on price of two oak trees bought from the 
pursuer for the use of the said mill ; expenses, 12 s. 



DISPUTE REGARDING MARCHES 205 

Robert Ridfoord in Dernick sues Nicol Merser there for Merscr v. Rid- 
half a firlot of oats yearly for eight years past ' promittit ° 01 ' 
in the bounteth of sum monie and quherin he enterit in 
payment with him ' ; also ' for scheiring and tasking,' 3 1. 
Absolves, pursuer refusing to depone. 

John, Earl of Hadintoun, sues William Fischer, por- Earl of Had- 
tioner of Melrois, who with the deceased Helen Bowar his F i"her. n v ' 
tenant owed the Earl 83 1. 10 s. for the feu-farm bear of 
two acres and three quarters of an acre of land in the 
Annay of Melros, for crops 1649, 1651, 1652, and 1653, 
and 81. 15 s. due by the said William and James Wauch 
his tenant in the said acres, crop 1656, also 17 t. 10 s. by 
the said William himself for the ferme of Annay, crop 
1657 ; 109 1. 15 s. in all. Decerns as confessed, with 8 1. 
expenses. 

[On a paper attached is the following.] 

13th November 1658. — ' At and upon the ministeris 
gleib and Congiltounes hauch, the hie gate contravertit 
betuixt the two, in presence of Maister David Fletcher, 
minister at Melrois, Johne Fischer of Westerhousbyre and 
William Fischer, fear thairof, his sone, all thrie with one 
unanimous consent and assent hes referrit and referris the 
differance and contraversie of the gate and wattergate 
questionable betuixt them to be cleirit and decydit be ' 
John Moss, elder in Dernick, James Symesone there, 
Nicol Merser there, Jasper Merser there, George Howholme 
there, and William Spottiswoode there, with power to set 
march stones. Each of them being sworn by Gideon 
Jacksone of Lochhousses, bailie depute of Melroisland, 
depones as follows : — John Moss, elder, declares ' that the 
gate is farder wrocht north upon Congiltounes hauch ; 
and declaires for the wattergate he nevir knew it come 
north upon Congiltounes hauch upon the hie gate but 
when umquhill Maister Thomas Forrester was labouring 
to put it that way he was impeidit and stoppit be umquhill 
Michaell Fischer.' James Symesone declares ' the gate 



206 



MELROSE REGALITY RECORDS 



is wrocht farder north, but knowes nothing that it hes 
bein since Mr. Davids entrie ; and for the wattergate, 
depones ut antea.' Nicol Merser declares ' that the gate 
is wrocht out upon the north since Maister Davids enterie 
and that the way was much broader at his enterie nor it 
is for the present, and that the pleuche schoott is out and 
teillis out neirer and neirer the gate ; and declaires the 
water sould run southward doune through the meadowes 
betuixt William Bellis meadow and the wooll meadow, 
and that it was stoppit be umquhill Michaell Fischer when 
it was sett the uther way.' George Howneholme depones 
as the said Nicol Merser in omnibus. Jasper Merser in 
Dernick depones as they in omnibus. George Wallace, 
clerk, signs for all, as they cannot write. — 18th April 1659, 
march stones set by them in presence of the said bailie, 
both parties interested being absent from the ground. 
Extracted from the principal depositions by * Geo. 
Wallace, els.' 



Mar v. Cairn- 
cross. 



Melrose, 27th November 1658, G. Jacksone 

The bailie decerns William Cairncroce of Allaneschawes 
to pay to Janet Mar 46 s. 8 d. ' for his bairnes part pay- 
ment.' 



Biaikie. Patrick Blakie, younger, in Calfhill, sues James Mein 

in Westerlonglie for 13 1. 6s. 8d. ' for four oxines gres 
delyverit be the defender to the persewar at Witsonday 
last and promittit payment schortlie therefter, and yit 
refuissis.' James Mein ' grantit he maid no pryce bot 
als uther men gave, and that he took twa of them away at 
Sanct Bernimousday.' Pursuer depones ' he gott 3 lib. 
for ane in Boldsyde.' Decerns, with 20 s. expenses. 



Darling v. 
Darling. 



Complaint by Andrew Darling, portioner of Apiltrie- 
leives, against John, Philip, and Robert Darling, children 
and executors to the deceased Robert Darling, portioner of 
Apiltreeleives, and Margaret Darling, his widow, their 
and administrative, as follows : — The defunct 



overseer 



DISPUTE REGARDING TACKS 207 

set to him on a five years' lease the third part of the 
lands of Apiltrieleives ' abone the Bray,' and the pursuer 
has paid out to Lord Hadintoune's factor for these lands 
beneath the Bray possessed by the said deceased Robert and 
his tenants yearly for 1655, 1656, 1657 and 1658 the sum 
of 7 L 11 s. 1 d. Scots for the teind and tack duty of the 
lands ' beneath the Brae,' which the defenders ought to 
pay, but refuse. Held as confessed. 

Also he sues them in respect that the defunct on 
31 August 1657 granted receipt of a decreet of valuation 
of the parsonage teinds of the lands of Langhauch given by 
the commissioners of valuation on 9th and 16th December 
1609, and a tack of the vicarage teinds of Apiltreeleives 
and Longhauch dated . . . , to be redelivered before 
31st August 1657, under a penalty of 40 I. ; yet they refuse 
to deliver the deeds. Continued. 

James Mein in Wester Langlie sues Patrick Blakie, Mein y. 
younger, who in May last bought from Thomas Elphingston ai le ' 
in Galloscheills 3 bolls of bear at 7 1. the boll, and the 
pursuer became cautioner for the payment at Michaelmas 
thereafter, now past ; and though payment is made, 
Patrick Blaikie will not relieve him. Decerns on defender's 
confession, with 26 s. 8 d. expenses. 

James Bowston, portioner of Galtounesyde, sues Thomas Boston v. 
Wilson, heir and executor to deceased Patrick Wilson in Wllson - 
Galtounsyde, his uncle, for delivery of a feather bolster 
worth 10 merks, and a covering worth 3 I., lent to defunct 
about 4 years ago, promised to be given up on demand. 
Defender granted his intromission and referred the worth 
to the pursuer's oath. Ordains to deliver back the bolster 
or 5 I. therefor, with the covering. 

John Notman, miller at Longschawmiln, complains that Notman v. 
William Bellendain in Ladopemure will not pay to him 8 1. BelIenden - 
due to pursuer by Mr. Archibald Murray, who gave precept 
to defender for payment thereof out of what he owed to 
the said Mr. Archibald. Decerns as confessed, with 13 s. 4 d. 
expenses. 



208 



MELROSE REGALITY RECORDS 



Richieson and 
Purves v. 
Blaikie. 



Hislop v. 
Adamson. 



Hietoun v. 
Ridfoord. 



Ridfoord v. 
Hietoun. 



Phaup's 
admission. 



Bennet v. 
Riddell. 



Thomas Purves in Catpair, whom Barbara Ritchiesone 
his sister-in-law assigned to the sum, against Patrick 
Blaikie, younger, who borrowed from her 4 i. in 1645 and 
promised payment with a ' quarter of wool ' for annual 
rent. Decerns as confessed, the assignation being pro- 
duced. 

Also sues James Barrie in Dykes for 4 I. as balance of 
price of 9 thrieves of straw bought from said Thomas 
5 years ago. Continued. 

Claim by John Hislope, merchant in Jedburgh, against 
James Adamesone in Blainslie, to relieve him in respect 
of 9 1. Scots as balance of price of a black mare bought 
from William Scott, flesher in Jedburgh, who has obtained 
decreet against Hislop as cautioner before the provost and 
bailies of Jedburgh for the debt and 13 s. 4 d. expenses. 
Decreet produced, decerns, with 13 s. 4 d. expenses. 

Robert Ridfoord in Dernick sues Andrew Hietoun there 
for * thrie half firlottis aitts yeirlie thir sevin yeirs bygane 
for bounteth of monie,' which he began to pay. Absolves. 

Also 11 s. [? 2 s.] for each of 8 days * goeing at his pleuch,' 
and 5 s. for each of 3 days shearing, and 17 s. for a ' scheip 
bouk.' Decerns on defender's confession for 40 s. 

Andrew Phaupe was admitted officer ' for good service 
done and to be done,' who gave his oath de fideli. 

Nicol Bennet in Lessudden sues Andrew Riddell there 
for a boll and ' ane meikill full ' of bear promised at 
Michaelmas last ' for Patrick Riddell his brothers debt 
conteinet in ane decreit obteinet be him against him 14 
Febuary 1658.' Decerns as confessed, bear at 7 I. 10 s., 
with 13 s. 4 d. expenses. 



Moffit v. 
sundry. 



Melrose, 4 December 1658, G. Jackson 

Complaint by Archibald Mofit, portioner of Threipwood, 
against John Lythgow in Newhouses, Alexander Hay, 
sometime portioner of Threipwode, now in Colmeslie, and 



SOLDIER'S HIRE 209 

James Moffit, portioner of Threipwood, as follows : — On 
23 August 1656 and 31 October 1657 Margit Boyd, wife of 
Adam Darling in Westhouses, obtained two decreets against 
him for payment of 9 1. 6 s. 8 d. as the balance ' of ane sojors • 
hyre in anno 1650,' which he was to pay for his proportion 
and theirs, for the lands possessed by them, being 
for each husband land ; which they will not relieve him 
of. John Lythgow, for two lands and a half, and Alex- 
ander Hoy for one land, and James Moffit for one land, 
and the complainer for one land, each land stented to 
32 s. Scots ; John Lythgowe's expenses 6 s. 8 d., each of 
the rest 3 s. 4 d. 

John Riddell in Newtoune sues James Laidlaw there Riddeii v. 
for 7 I. 10 s. Scots ' for land teilling this present cropt and 
yeir 1658.' Defender alleged pursuer ' had not teilled the 
fauch.' Decerns to pay 7 1. 10 s. and the pursuer ' to 
teill the fauch ; modifies 13 s. 4 d. for each yoking.' 

Claim by Thomas Bowston in Galtounsyde against Boston. 
Patrick Blakie, younger, in Calfhill, who a month before 
last Michaelmas sold him 3 bolls of bear at 7 1. the boll, 
' with a litle full in therto,' to be delivered at Martinmas 
thereafter, and he was to carry the bear or pay 6 s. for the 
carrying of each boll. Decerns for the bear or the sum 
acclaimed ; expenses, 36 s. 

William Bell in Galtounsyde sues Janet Melros in Melrois Bell v. Mei- 
for 3 1. and two ' scheir dargis ' or 4 s. for each of them, rose- 
for the year's maill of a house in Melrose let by him to her, 
due at Whitsunday 1658. Ordains to pay 40 s. ' in com- 
pensatioun of all.' 

James Rodger in Ridpeth sues James Leithane in Roger v, 
Galtounesyde, John Broun in Ridpeth, and Andrew sun ry " 
Winter there, for 5 1. 12 s. 8 d. due by Leithane, 36 s. 10 d. 
by Brown, and 32 s. 4 d. by Winter. Held as con- 
fessed. 

o 



210 MELROSE REGALITY RECORDS 



Melrose, 25 December 1658, G. Jacksone 

Caidcieugh v. Complaint by Thomas Caldcleugh in Blainslie against 
Adamson. J ame s Adamesone there, as follows : — Att Whitsunday last 
James Lythgow of Drygrange set a tack to the pursuer 
of his ' thrie half lands : in Blainslie with houses and 
pertinents, ' except ane house and halle and yard formerlie 
possest be umquhill Issobell Stirling,' for 5 years from Whit- 
sunday last, for yearly payment between Yule and Candle- 
mas of ten bolls victual half meal, half bear, Roxburgh 
measure, with six kayne fowls yearly ; and the defender 
having as he alleged obtained James Lythgow' s consent 
came thereafter to the pursuer and took the subjects from 
him in presence of witnesses and has possessed the same 
since and pastured his beasts thereon, promising either to 
take assignation of the said tack or obtain a new tack. 
But James Adamson refuses to do so, and 20 days ago 
came to the pursuer and surrendered the property, and 
ought to relieve the pursuer of the year's duty and other 
conditions of the tack. — 16 October 1658, probation, and 
meantime the bailie grants warrant for arreistment. — 
30 October 1658, ordains George Walker to see and answer. 
13th November 1658, pursuer to reply to defences. De- 
fender compeared and renounced his tack of the lands, to 
quit at Whitsunday next ' reserveand the cropt.' Follows 
the defences for James Adamesone in Blainslie against 
Thomas Caldcleuch inBraidwoodscheill [sic] : — l.No process 
before the bailie of Melrose, not being judge competent, 
the claim ' being in valour far above 40 s. sterling monie, 
and be the lait actis of union and act of grace no barron 
baillie hes powar and jurisdictioun in materis abone the 
worth of 40 s. sterling.' Second, libel not relevant unless 
the pursuer referred verity to defender's oath, ' becaus one 
tak of land or houses is onlie probable be witnesses for 
one yeir.' 3. defender ought to be assoilzied because any 
tenant ' tho obleiset by ane tak, if he will mak faith that 
he is not able to labour the ground and pay the dewtie ' 
(may resile), much more in this case where there is no 



DISPUTE REGARDING TACK 211 

written tack but a pretended condition or intention to 
accept a tack, which the defender might resile from any 
time before the subscribing thereof ; and he hereby resiles, 
and judicially renounces the lands and houses, and declares 
he will remove at Whitsunday next, and protests to be 
free of all dues after that term. The pursuer answers, 
1. the bailie is judge competent in respect the payment is 
not in money but victual, and in regard to the subscribing 
of the tack. 2. the pursuer may either prove his claim 
or refer to defender's oath, at his option. 3. there is no 
such practice as is alleged of a tacksman renouncing his 
tack because he cannot labour the ground or pay the duty, 
and if such is the case, the pursuer ought to have inspec- 
tion thereof ; and as to pretended conditions, the defender 
has not performed any and declares he will not. Defences 
repelled, and claim admitted to pursuer's probation. — 
11 December 1658, ordains to produce his tack. — Judge 
finds the libel sufficiently instructed by the Tack produced 
granted by Drygrange to the pursuer, and ordains defender, 
who confesses possession and inability to fulfil the con- 
ditions, either to find caution for payment of the tack duty, 
crop 1659, and performance of the other conditions, and 
to remove at Whitsunday next from the houses and grass, 
and from the arable land ' at the separatioun of the cornes 
off the ground,' or else to remove presently from all and 
repossess the pursuer, paying for the pasturage and grass 
of the defender's goods on the ground since last Whit- 
sunday, the sum of , in satisfaction of all con- 
ditions and damage and costs the pursuer can claim. 
Defender confesses 15 sooms of bestial at 5 merks each 
soom. Caution to be found within four days, after which 
extracting to follow ; 6 I. 13 s. 4 d. expenses. 

Melrose, 8th January 1659 ; G. Jackson 

Janet Leyes, wife of Nicol Uschar in Brigend, sues Leyes and 
Adam Hislope in Longschaw for 4 I. Scots as the balance H?siopr* 
of 36 I. for oats bought from her or her husband through 
George Scott in Greinshills in Gallowatter in 1651, with 



212 MELROSE REGALITY RECORDS 

two years' interest for the full principal sum, being 
41. 6 s. 8 d. Decerns on pursuer's oath for the 4 I. of 
interest ; absolves for the other 4 1. claimed, as pursuer 
refused to depone. 

Drygrange v. James Lythgow of Drygrange complains against ' the 
sun ry ' haill inhabitants of Galtounsyd ' for cutting, destroying 

and removing ' the wood brome and hether ' off his grounds 
and lands of Drygrange ; desiring act of court with penal- 
ties to prevent future damage and that the ' bourlamen ' 
in Galtounesyde may be permitted to poind contraveners 
as they have been in use to do formerly. The bailie 
ordained pursuer to prove his claim ' befor the act could 
be extendit, and in the meantyme he presentlie grantit 
the desyre of the bill and that under the pain of ten merks 
Scotts.' 

Boston v. Complaint by Thomas Boustoune in Gattounside Dry- 

grainge [sic], assignee of Isobel Boustoune, only lawful sister 
of deceased John Bowstoune, sometime servitor to deceased 
Hew Bell of Eister Langlie, and executrix testamentar and 
intromitter with all his goods and debts as contained in 
his testament confirmed 27 October 1656, as follows : — 
Margaret Hendersone, widow of James Mar, portioner of 
Gattounsid, and Andrew Mar, their eldest lawful son and 
heir, were addebted to the dec. John Bowstoune 50 merks 
with a year's interest due at Martinmas 1650, and 100 
merks with three years' interest then due, and the annual- 
rents for the past eight years, extending to 62 I., the whole 
debt thus being 162 1., which Isobel assigned to Thomas 
on said 27 October 1656. Pursuer compearing, with John 
Bunyie his procurator, produced the Testament and 
Assignation ; defenders compearing by Andrew Tunno, 
notary in Melrose (at least as procurator for Andrew Mar) 
gave in following defences : — that the Testament makes 
no mention of the said Andrew Mar as debtor, but only 
of Margaret Henderson his mother ; and he denies either 
directly or indirectly borrowing sums from the defunct. 
It is answered, Andrew Mar cannot deny being heir to bis 



BOTJSTOUNE v. MARS 213 

father James Mar, as intromitter with his father's goods, 
so he and his mother ought to pay. It is replied that the 
answers are not categorical. — The judge finds that pursuer 
or his cedent can have no action against Andrew Mar 
because he is not debtor in the Testament produced, and he 
cannot be sued as heir to his father except the debt were 
owing by his father either by bond or otherwise acknow- 
ledged in his testament and his son confirmed executor 
to him, which is not instructed, and seeing Margaret 
Henderson is only executrix she ought to be distressed 
before the heir can be pursued ; so he absolves Andrew 
Mar from the pursuit, and decerns Margaret Henderson 
and James Bowstoune, now her spouse, to pay the prin- 
cipal sums and annualrents contained in John Boston's 
testament, and no further. 

[Extracted in full.] 

Melrose, 22d January 1659, G. Jackson 

Janet Ker in Bowdon sues George Blakie in Melrois for Ker v. Biakie. 
7 1. 11 s. Scots as price of two quoys bought from her before 
last Martinmas, and which he promised in her name to pay 
to the Earl of Roxburgh's chamberlains for rent owing by 
her. Defender confesses promising payment to Andrew 
Plumbar, chamberlain, or Andrew Turneble in his name. 
Decerns on bis oath. ' Nota. — The samene wes arreisted 
at the instance of Robert Ker of Fadounsyde, and the 
defender declairit the promeis wes maid befor the daitt 
of the arreistment.' 

James Rodger in Ridpeth sues James Huntar there and Rodger v. 
William Huntar there, for 6 1. 4 s. 4 d. and 14 1. 11 s. 2 d. sundry " 
respectively due by them of borrowed money. Decerns 
as confessed, defenders absent. 

Robert Ker of Fadounsyd sues James Wauch in Melrois Fadounsyd v. 
for 601. Scots borrowed 8 or 9 years ago. — Thomas Looke- auch -' 
upe, wright in Melrose, depones he knows nothing of the 
debt, ' bot hard the Laird crave James Wauch and that 



214 MELROSE REGALITY RECORDS 

Andro Tunno and Andro Phaupe offerit Fadounsyde 
fourtie merkis in James Wauchs name, bot knowes nothing 
quhither James Wauch wes content of it or not.' Andrew 
Tunno in Melrose depones that ' Fadounesyde and James 
Wauch being in his house both pairteis wes saying they wer 
auchtand utheris, and that he hard either of them crave 
uther, but what the certantie of the bissines wes knowes 
nothing.' James Ker in Melrose depones that about this 
time twelve month in Andrew Tunno' s house he heard as 
above. Andrew Phaupe in Melrose depones ' that at that 
tyme in Andro Tunno his house efter submissioun be 
Fadounsyde and James Wauch to Andro Tunno and me 
wee ordained James Wauch to pay to Fadounsyd fourtie 
merkis Scottis befor Candlemes therefter, and that the 
said James offerit his word for the samene.' Thomas 
Law in Melrose depones ' he and James Ker wes dayismen 
in Mungo Donaldsones and hard Fadonsyde crave James 
Wauch, and that sumtymes 60 lib. and sumtymes 45 lib., 
and that James Wauch said he had payit 36 lib., bot to 
take away all contraversie he desyrit Thomas Law to give 
him a pleuch.' Thomas Lookupe, again examined, de- 
pones that ' all bussienes betuixt Robert Ker of Fadoun- 
syde and James Wauch being referrit to Andro Tunno 
in Melros and Andro Phaup, the said Andro Tunno and 
Andro Phaupe ordained and decerned the said James 
Wauch to pay and delyver to the said Robert Ker the 
sowme of fourtie merkis Scotts monie betuixt the day and 
dait foirsaid and Candlemes nixt therefter, and that the 
said James wes willing to give his bond or word for the 
samen.' (This deposition taken on 21 January 1659 by 
Andrew Phaup extrajudicially.) The judge finds by the 
depositions of Lookup and Phaup that defender was or- 
dained to pay 40 merks to pursuer in satisfaction of the 
claim, and thus the judge decerns, absolving him from 
the rest. 

Mein v. James Mein in Longlie complains against Patrick Blakie 

and George M'Callo, tenants in Calf hill, whose horses, nolt 
and sheep have eaten and destroyed ' to the persewar in 



TROUPERS' QUARTERINGS 215 

harvest and sumer last in Calfhill the number of bolls 

aitts and comprysit to the foirsaid skaith be John Hall, 
Adame Hislope and William Bellendain, at the boll. 

' Comprysers present sworne ordanet to give in the skaith 
under thair hands. Decernes conforme to the following 
in the succeiding clame.' 

Patrick Blakie in Calfhill complains that George M'Callo Biakie v. 
and William Scott there have by their horses, nolt and Scott? 
sheep eaten and destroyed bolls of oats at the 

boll with the fodder, comprised by the above persons, 
as follows :— ' Wee, John Hall, John Blakie, Adame 
Hislope, and William Taitt, past to the ground of Calfhill 
and sichted and comprysed the corne there in beir and 
oattis belonging to James Mein and Patrick Blakie, half 
ane boll beir, twa bolls and ane half of infeild aitts, the one 
half belonging to James Mein, the uther to Patrick Blakie, 
and twa bolls and ane half of infeild aitts belonging as 
said is.' Decerns conform, modifying 8 1. the boll of bear, 
and 6 1. infield oats, and 5 I. outfield. ' Nota, to each 
persewar 15 1. 10 s. Decernes Patrick Blakie to be 
debitor to James Mein.' 

Margit Elleis in Melrois sues Patrick Blakie and George Eiieis v. 
M'Callo, tenants in Calfhill, and John Ker of Preiston their BIakie - 
master, as cautioner, for 24 1. 12 s. ' for trouperis quartering 
is, quherof they promittit hir payment at Mertymes last.' 
Decerns ' for quhat is justlie awin,' with 26 s. 8 d. expenses. 

George Purves, servitor to Isobel Lythgow, goodwif e Purves v. 
of Sorrowlesfeild, sues Margit Darling, widow and executrix ar mgl 
of Robert Darling, portioner of Apiltreeleives, who before 
his death in February 1658 was due 8 1. Scots to the pur- 
suer as the balance of ' four yeirs fies for service preceiding 
his deceis.' Decerns on pursuer's oath, third diet ; 20 s. 
expenses. 

Complaint by James Lythgow of Drygrange ' against Ja. Lythgow ^. 
upon William Andersone, portioner of Ridpeth [sic] makand 



216 MELROSE REGALITY RECORDS 

mentioun that quheras the said John Rodger ' [sic] owes him 
certain annualrents as follows : — 10 1. 13 s. 4 d. Scots yearly 
for the terms of Whitsunday and Martinmas 1644, 1645, 
1646, 1647, 1648, and 1649, and 8 1. yearly for 1650, 1651, 
1652, 1653, 1654, 1655, 1656, 1657, and 1658, extending 
in all to 136 1, as the annualrent of the principal sum of 
200 merks due by John Rodger's bond to the complainer 
dated 18th March 1644, ' registered in the court books of 
justice and ane decreit of the judges therof interponnet 
therto, upon the 24 Junii 1658 ' ; further for Mart. 1645 
5 I. 6 s. 8 d., and 10 I. 13 s. 4 d. yearly for 1646, 1647, 1648, 
and 1649, and the sum of 8 1. yearly for 1650-1658 inclusive, 
extending in all to 120 L, as the annualrent of other 200 
merks due by John Rodger's bond to the complainer dated 
18th June 1645 and registered as above ; total 256 L, 
whereof is to be deducted ' for the pryce of ane kow, 35 lib. ; 
for sex young beists gress a sumer tyde, 10 lib. ; item, 
payit in May 1658, 24 lib. ' ; in all, 69 L, so rests 187 1. — 
Pursuer compearing by John Bunyie his procurator, pro- 
duced the two bonds, and the defender confessed the 
annualrents as above to be due, but alleged that the pur- 
suer had received from the deceased Isobel Ritchiesone 
the defender's mother, in his name, 32 I. more than is 
mentioned for deduction, and had not granted receipt. 
The pursuer is ordered to give in a subscribed declaration 
theranent, which he does, on 24th [sic] January 1659 
declaring he received nothing but what is formerly set 
down. The bailie ordains John Rodger to pay 187 1. to 
pursuer, with of expenses. 

Melrose, 12th February 1659, G. Jackson 

Brown v. Rid- William Broun in Morieston sues Thomas Ridfoord in 
Melrois for 4 1. 16 s. Scots as the agreed-on price of ' twa 
stalkis of peitts ' led by him in summer last, to be paid at 
Martinmas. Decerns as confessed, defender absent. 

Home?. George Home in Hespieschaw sues John Hendersone in 

enryson. Blainslie for 6 1. 3 s. 4 d. Scots as the balance of 25 1. 6 s. 8 d. 



WEAVING DISPUTE 217 

for certain ' weatheris ' bought from pursuer at Martinmas 
last, to be paid at St. Stephanes day last. Decerns on 
pursuer's oath, with 16 s. 8 d. expenses. 

Thomas Sclaitter in Clarielaw sues Thomas Stenhous Sciaitter v. 
in Newtowne for 10 1. as the balance of price of 7 bolls 
of bear bought from pursuer at Michaelmas 6 years past. 
Decerns on pursuer's oath, for 9 I., defender referring it 
thereto. 

Alison Bowar in Ersiltoun craves payment from James Bowar v. 
Haistie in Blainslie, as brother and executor to the deceased astie * 
Isobel and Margaret Hastie, of 5 1. Scots partly borrowed 
and partly in payment of harden cloth, due by the said 
defuncts to her. Defender denied the claim, which he 
referred to pursuer's oath, who depones the defender 
became debtor. Decerns, with 10 s. 8 d. expenses. 

Claim by John Turneour in Greinshills in Gallowater Turner v. 
against James Turneor in Over Longschaw, intromitter 
with the goods of John Turneor his brother, who at the 
time of his going to France owed the pursuer 40 s. Scots 
for tailor work and gave order to the said James to pay. 
' Ab[solves] the persewar [sic] in respect the defender 
cannott prove the samene.' 

Ordains John Hendrie in Allaneschawes to pay to James Donaldson • 
Donaldson in Blainslie 36 s. on his own confession. 

John Bowstoun in Dernick complains against Helen Boston v. 
Hair, his late servant, who without his knowledge intro- 
mitted with ' ane wairp with James Eilleis weivar in Melrois 
laitlie deceist, alsmuch lyning yairne as wald lane[?] and 
wairpit aucht elnes of lyneing at fifteine schillings the elne, 
inde sex pundis,' which sum she ought to pay conform to a 
decreet arbitral. Margaret Chisholme depones she re- 
ceived some cloth, but what was of it knows not. Decerns 
Hair to pay the same, and the decreet arbitral produced 
by pursuer to be delivered up to him. 



218 



MELROSE REGALITY RECORDS 



Stirling v. 
Romanus. 



Complaint by Bessie Rolmainhous in Blainslie, and the 
fiscal for his interest, against John Stirling there, who on 
the day of 1659 ' hes teild upe severall 

merche stounes betuixt them and not content thairwith 
quhen scho did reprove him therfor he did stryke hir upon 
the head with ane hissell rod twa severall tymes.' For 
this oppression and riot he ought to be fined. — 12 February 
1659, defender denied claim ; fiscal referred it to his oath, 
who deponed he never struck pursuer or ' teild upe ' the 
marche-stones. Absolves. 



Edgar v. Rid- 
peth. 



Decerns Alexander Ridpeth, wright in Melrose, to pay 
to William Edgar there 30 s. Scots ' for deficiencie of the 
mentinance in anno 1655 for his proportion of Daniyeltoun.' 
Decerns as confessed. 



Cochrane v. 
Stoddart. 



Decerns James Stoddert in Lessudden to pay to William 
Cochrane, candlemaker in Kelso, 5 I. Scots for the agreed- 
on price of ' certane sybeis ' bought from him on 1st July 
last, to be paid at St. James day thereafter. Held as 
confessed. 



Purves v. 
Darling. 



Bryden v. 
Turnbull. 



Melrose, 26 February 1659, G. Jackson 

Claim by Margaret Darling, widow in Apiltreeleives, 
against George Purves her servant, who about 2j years 
ago intromitted with and took away ' ane yew hog ' 
belonging to Robert Darling her husband and to her, 
worth 53 s. 4 d., and he ought to pay it and the interest 
thereof ; also in oatseed time four years ago he ' burstit ' 
a mare, worth 50 1., ' puting and binding three harrowes 
togither for hes sueirnes to lift the ane at the land end.' 
Defender denied the claim, but granted he bought 3 hogs, 
and deponed he did not meddle with the hog libelled. 
Absolves from both points. 

Robert Brydin, son of James Brydin in Lessudden, 
sues Andrew Turnebull there for 5 I. Scots of fee, five half 
firlots of bear of bounty, six loads of peats leading at 6 s. 
the load, for his bounty, for service wrought to defender 



DISPUTE REGARDING BROOM 219 

from Whitsunday to Martinmas 1658 ; and he also pro- 
mised to bring the pursuer's father two loads of peats from 
Huntliewoode at 6 s. the piece, so 12 s. Defender granted 
the fee and half boll bear and four loads of peats. Ordains 
to carry two loads, absolves from the rest of the peats 
' for want of aucht dayes service ' ; modifies for the half 
boll bear, 4 I. 6 s. 8 d. Expenses, 16 s. 8 d. 

Barbara Law in Melrois sues Alison Bowstoun, wife of Boston v. 
John Halliewooll in Galtounesyde, in respect that about ng 
ten years ago the said Alison bought and received from 
her and her deceased husband ' half [sic] pryce therof 
thrie punds Scotts,' who refuses to pay. Defender 
depones she paid the debt ' at umquhill Johne Wricht 
the persewars husbands directioun.' Absolves. 

James Fogo, servitor to George Home in Hespieschaw, ?°g° v - 
sues John Hendersone in Blainslie for 10 1. 7 s. as the 
agreed-on price of a two-year-old staig bought from pur- 
suer at ' Luikday last,' to be paid at Candlemas. John 
Henderson's wife grants 9 1. 10 s. Decerns. 

Margaret Eilleis in Melros complains that Andrew Penman v. 
Penman there at Martinmas last intromitted with and took 
away ' ane rig of broome of hirs in the wards of Melros ' 
valued at 10 merks, which he ought to pay, besides a fine 
of 40 s. conform to the act of court. The bailie ordained 
William Edgar, Thomas Mar, James Wallace, John 
Wallace, smith, and Adam Lythgow, ' to pas and sicht 
the ground and report to quhom it belonges with the 
broome.' — 26 February 1659, they declare that ' that rig of 
broome which Andro Penman did pull does belong to Andro 
or JamesRiddells.' Absolves at Margaret Elleis' hands only. 

Claim by Agnes Gastoun, widow in Lessudden, against Gastoun ». 
Alison Milne, widow of James Riddell, portioner of New- 
towne, and executrix dative to him, which James Riddell 
at his death in April 1655 was owing to the pursuer 80 I. 
Scots as the balance of the price of some bear bought from 
her several crops before. Pursuer compeared with Andrew 



220 MELROSE REGALITY RECORDS 

Tunno, notary in Melrose, as procurator, and defender 
compeared with John Bunyie in Newsteid as procurator, 
and gave in the following defences (' the lybell persewit be 
Agnes Gastoun in Newtoune [sic] against hir ') : — It is 
granted that defender's husband made several bargains 
with pursuer and was owing her the sum libelled in 1650, 
at which time he made his testament, and thereafter five 
years intervened before his death, during which time he 
paid up the full debt. The pursuer is mala fide to prosecute, 
as it is notourly known to the whole regality that she was 
apprehended and imprisoned ' for ane witche ' in 1650, 
and her oath of calumny cannot be taken nor can the 
defender refer any matter to her oath. In answer thereto 
the pursuer ' renders thanks ' to defender's prolocutor 
for the acknowledgment of the debt being due in 1650, 
and further proof of the debt is needless, and so it is craved 
that the defender may prove payment by writ since that 
time, for as the debt is contained in a testament given up 
by the mouth of the defender's husband so they must 
take away writ by writ. And whereas the defender says 
the pursuer is mala fide to prosecute, as having been 
apprehended for a witch, ' givand and nocht grantand 
that scho wer a witch it followes not in law scho can or 
sould be denudit of the law.' — The judge finds the debt 
was due in 1650, and ordains defender to prove posterior 
payment either by writ, witnesses, or oath of party. The 
defender desired the pursuer's oath of calumny, who 
deponed the cause of pursuit to be just and not of malice ; 
on witnesses for the defence being examined. James 
Cochrane in Lessudden, married, 50 years, depones he 
heard James Riddell ' say he had the money lybellit in his 
pockit to pay the persewar, bot he saw none delyverit to 
hir, and that John Coatt and James Riddell went away 
both from him.' John Coatt, the pursuer's son, depones 
he knows nothing as to payment of the money, received 
none from Riddell, and never saw any delivered by him 
to his mother. Thomas Hunter in Lessudden depones 
quod nihil novit, and so depones Walter Coat. George 
Wallace, notary in Melros, depones ' that umquhill James 



CLAIM BY WITCH 221 

Riddell not long before his deceis said to the deponer that 
he had payit Agnes Gastoun the fourscoir punds acclamed 
and that he was awin hir nothing, and desyrit the deponer 
to mark it payit in his testament, which he aceordinglie 
did marke, as will appear thairby, and desyrit him to keip 
the testament in his custodie in respect of sum provision 
of his childrein begottin of his first wyffe.' — The judge 
finds by the depositions that the defender has failed to 
prove payment subsequent to 1650, and ordains her to 
pay the same to the pursuer, with 8 merks of expenses. 

Complaint by John Notman, miller at Longschaw mill, Notman v. 
and Patrick Scott of Longschaw, his master, for his sundr y- 
interest, against the following persons for abstracting their 
multure : — John Lythgow in Newhouses, ' ane whole 
yeirs girst extending to sextein bolls oattis,' ; decerns for 
the multure thereof. John Hendrie in Allaneschawes, a 
year's grist, 20 bolls of oats ; defender alleges he made 
none but sold all his growing and bought victual for the 
use of his howse [?], and is willing to bring his grist to the 
mill after the threshing (except the seed) ; ordains him to 
pay multure for 16 bolls. Thomas Caldcleuch in Blainslie, 
a year's grist, 24 bolls of oats ; John Bunyie compeared 
as his procurator ' and wes content in his name to pay 
quhat onie uther in Blainslie or John Pringill there payes 
for his land.' Bessie Darling in Blainslie, for the grist of 
20 bolls of oats ' now presentlie in hir custodie, bocht 
within the townes of Blainslie ' ; ordained to pay multure 
for 4 bolls. Nota, each 16 bolls oats, the multure whereof 
is 3 half firlots and a peck ' schilling ' and a firlot meal, 
crop 1658, being counted to 3 firlots meal, price 9 1. Total, 
27 1. of principal ; 40 s. of expenses. 

The court of the lordship and regalitie of Melrois-land 
haldin within the tolbuith therof be Gideon Jacksone 
of Lochhousses baillie deput thairof wpon the 12th 
Merche 1659, court afnrmit.' 

. EuphamCairncroce,daughterof deceased Nicol Cairncroce Caimcross v. 
of Calfhill, sues Patrick Blakie in Calfhill for 55 s. as balance Blakie - 



222 



MELROSE REGALITY RECORDS 



of a greater sum, and 4 1. for her servant's fee for shearing 
to him in harvest last, and a firlot of oatmeal in bounty, 
price 3 1. 10 s., and 4 merks as the price of 4 ells of ' lyning ' 
bought by him from her about Yule last. Held as con- 
fessed, 2d diet ; principal sum, 12 1. 8 s. ; expenses, 
20 s. 



Bowar v. Rid- 
foord. 



Isobel Bowar, widow in Melrois, sues Thomas Ridfoord 
in Melrois, for 10 1. Scots borrowed from her two years 
past at Lammas ; of which he has paid two years' interest, 
but not the principal sum or the interest since last Lammas. 
Held as confessed ; 10 1. 6 s. of principal, 13 s. 4 d. of 
expenses. 



Merser v. 
Turner. 



Claim by Alexander Merser in Ersiltoune against James 
Turneor in Longschaw, in respect that between Yule and 
Martinmas last ' he ' sold to ' him ' 7 bolls and a meikle 
full of bear at the agreed-on price of 10 L the boll, to be 
paid at Lammas next, and Isobel Smyth; wife of John 
Notman, at his desire received the same in his name from 
the defender [sic], ' and yit notwithstanding efter scho 
had received the said beir he hes either sauld the samene 
over again to ane man of Galloscheills or laid in to the 
malt,' and ought to deliver him as much and as good 
bear or the amount by which he is damnified through want 
thereof. Defender compearing by Andrew Tunno his 
procurator, denies claim ; and this day compearing grants 
the bargain. Decerns to deliver the bear or otherwise 
two merks for each boll, as damages. 



Brown v. 
Adamson. 



James Adamesone in Blainslie is ordered to pay to 
Margaret Broun, wife of Patrick Fogo in Phanes, 7 1. Scots 
for her harvest fee. Held as confessed, 2d diet ; 20 s. 
expenses. 



Bowie v. Pen- 
man. 



Andrew Penman in Melros is ordered to pay to Thomas 
Bowie, multurer there, 3 1. Scots for the price of meal 
bought by himself and received by his wife two years ago. 
Held as confessed, 2d diet ; 8 s. expenses. 



MASTER AND SERVANT FEE 223 

John Notman, miller at Longshaw miln, and Patrick Notman v. 
Scott his master, sue John Moffit called ' the Preist ' in Moffat- 
Threipwood for abstracting 8 bolls of oats, crop 1658. 
Decerns for the multure of 3 bolls. 

Claim by John Halyday, burgess of Selkirk, against Haiiday v. 
John Merser in Brigend, for 13 1. 6 s. 8 d. Scotts due by Merser> 
him to deceased Thomas Broun in Sunderland and con- 
tained in latter's testament confirmed in January 1656, 
and assigned by his executors to the pursuer. Decerns 
on production of the testament and assignation ; 3d diet ; 
26 s. 8 d. of expenses. 

Melrose, 26 March 1659, G. Jacksone 
John Fischer of Westerhousebyre sues George M'Callo Fisher v. 

\A'C 11 

in Calf hill for 48 I. Scots as the agreed-on price of 42 lambs ' 
bought from pursuer last Midsummer and payment 
promised at Michaelmas and Martinmas. Decerns as 
confessed ; expenses, 3 1. 6 s. 8 d. 

Andrew Cairncroce of Wester Langlie desires the judge Cairncross z 
to interpone his authority to a decreet obtained by him 
on 17th November 1655 against James Thorbrand in 
Lessudden for 151. of principal. Interpones, with 20 s. 
expenses. 

John Maben in Cobbilhouse complains against Thomas Maben v. 
Turneor, servitor to James Lythgow of Drygrange, in respect urner ' 
that at Whitsunday 1658 the defender promised to serve 
him till Martinmas thereafter, for 10 1. of fee, 6 quarters 
of ' gray ' at 26 s. 8 d. the ell, an ell of white, two pairs of 
shoes at 12 s. the pair, and he entered to his service and 
remained till August, and then deserted. He ought to 
pay the fee and bounty, and also 58 s. borrowed from 
pursuer and his wife and daughter. Defender alleged 
pursuer was willing to let him remove at that time ; 
ordained to prove this exception ; resiles therefrom, and 
refers to pursuer's oath. — Defender absent, pursuer de- 



Thorbrand. 



224 



MELROSE REGALITY RECORDS 



Scott v. 
Henryson. 



Brounley v. 
Blakie. 



pones * he wes nowayes willing to him to remove bot upon 
these termes that the defender served either in Roxburgh 
or Forrest, he promittit to serve him or else give him a 
fie.' Decerns for the fee, viz. 6 I. 12 s. Absolves from 
the bounty. Decerns for the 56 s. [sic]. 

Bessie Scott in Galloscheills, and John Saidler, her 
spouse, sue Margaret Henrysone, wife of James Bowstoun 
in Galtounsyde, for 16 1. 6 s. computed in presence of 
famous witnesses within the past six weeks. Pursuer 
present, decerns upon her oath for the said sum, ' and 
declairit scho received no peis for continuatioun of the 
sowme acclamed, as the defender allegit, bot that scho 
receaved half a peck in part of payment therof.' 

John Brounllyes in Chappell sues Patrick Blakie in 
Calfhill for 7 1. Scots as the balance of the price of some 
bear bought 3 years ago. Claim referred to pursuer, who 
depones for 7 1, less 20 d. Decerns, with 13 s. 4 d. 
expenses. 

James Lith- Complaint by James Lythgow of Drygrange against 
grange v^' John Rodger, portioner of Ridpeth, as follows : — The said 
John Rodger. Jq^jj has ' wrongouslie cuttit intromitit with and away 
taiken furth and from the said James Lithgow persewer 
his wood in Ridpeth the number of twentie oak and uther 
treis pryce and worth of each trie ,' which he 

ought to pay, with a fine also for cutting greenwood ; 
and the pursuer desired the bailie to direct John Mein, 
portioner of Newsteid, George Bell, William Andersone, 
and Andrew Cairncroce, portioners of Ridpeth, to sight 
the ground and report the number and worth of the trees 
and what damage the pursuer had suffered. — 5 June 1658, 
ordains the said persons or any three of them to report 
as above. — They find that 14 oak trees are cut and taken 
away from that part of the wood in Ridpeth above men- 
tioned which pertained to the deceased Thomas Lythgow 
and now pertains to the said James Lythgow of Drygrange, 
his son ; report dated at the said wood, 18 June 1658. — 



DISPUTE REGARDING TIMBER 225 

Pursuer compearing by John Bunyie, portioner of New- 
steid, his procurator, the defender compearing by Andrew 
Tunno, notary in Melrose, his procurator, desired the 
pursuer's oath of calumny before his witnesses be admitted ; 
pursuer to be present and give his oath before sentence 
is pronounced. — 19 June 1658, Witnesses for pursuer : — 
George Bell, portioner of Ridpeth, married, 50 years, 
depones that about 30 years ago the wood was cut by the 
deceased Thomas Lythgow, and that the trees cut by John 
Rodger were cut out of the same wood ; ' and that it hes 
bein wed be the said umquhill Thomas and his sone without 
interuptioun ' ; knows nothing anent the marches between 
John Rodger and Drygrange. William Andersone, por- 
tioner there, married, 60 years, depones as the preceding ; 
knows nothing anent the ground and marches. Andrew 
Cairncroce, portioner there, married, 40 years, depones 
as above. John Mein, portioner of Newsteid, married, 
61 years, depones that about 34 years ago he bought the 
wood from deceased Thomas Lythgow whence the timber is 
cut, and declares the trees are cut from the same ground, 
and that there are about 12 trees cut within the bounds ; 
knows nothing of the marches. Judge continues sentence 
till he may advise the process. — 30th October 1658, 
ordains Rodger to be summoned to hear sentence, and 
pursuer to give his oath of calumny. Defences by John 
Rodger follow : — Denies cutting any of pursuer's trees, 
and latter ought to prove the number, quality, worth, and 
ownership of those alleged to be cut. One witness alleges 
that the pursuer's father cut the wood 30 years ago, and 
another witness alleges he bought the same from pur- 
suer's father 34 years ago ; these are conflicting, and the 
wood could not grow again in four years ; and if they 
prove anything, it is only the ownership of the land. 
For clearing the truth, the defender declares that his 
mother and he set the ground and land whereon the wood 
grew to the pursuer's father for seven years, during which 
time the latter cut the wood, to which he had no right, 
but took advantage of the defender's absence, ' who was 
then dwelling in the Mearnes att Fettercairne, which is 

p 



226 MELROSE REGALITY RECORDS 

distant from the defenders residence now [sic] ane hundreth 
milles.' — 8th January 1659, pursuer gives his oath of 
calumny ; and gives in answers to the defences, as fol- 
lows : — The witnesses have clearly proved that defender 
cut about 12 trees from the pursuer's wood, ' quhich hath 
bein cuttit be his umquhill father and uthers in his name 
34 yeirs or therabouts and ever since sen wed and cuttit 
be them without interuptioun,' and the worth has been 
proved, and in all probability the wood and the ground 
belong thus to the pursuer. As to the second point, there 
is little discrepancy among the witnesses as to the time of 
cutting and selling. As to any tack being granted by 
defender or his mother, neither the pursuer nor his father 
have ever taken any part of their ground from them, and 
if such there was, it ought to be exhibited and the pursuer 
to have inspection thereof. — The judge ordains the de- 
fender to produce evidence of his granting a tack of the 
ground, and also to prove his own right to the land and 
wood controverted. — 22 January 1659, defender's pro- 
curator to have a copy of above interlocutor. — 26 February 
1659, ordains as before, to answer peremptorily. — 12 March 
1659, avisandum. — 26 March 1659, the judge finds that 
defender has failed to prove setting a tack for 7 years to 
pursuer's father, and his own right to the ground, and so 
finds it most probable by the depositions that the ground 
controverted belonged heritably to pursuer's father and 
to him as his heir, and finds that defender has done wrong 
in cutting and removing the trees, and ordains him to pay 
to pursuer 3 s. Scots for each of 12 trees, and to desist 
from further cutting of trees on that land under pain of 
20 I. ; he is also to pay 10 I. to the procurator fiscal for 
cutting greenwood contrary to the act of Parliament. 
This being pronounced in presence of parties and procura- 
tors, the defender declined the judicatory and appealed, 
and asked act of court thereupon. This appeal being 
irrelevant, as it ought to have been done upon the de- 
fender's first, second and third citations and before inter- 
locutor and sentence, the bailie refused to admit the same 
and sustained himself judge and decerned in manner 



FISHING DISPUTE 227 

foresaid, and ordained defender to pay to pursuer 5 L 6 s. 8 d. 
of expenses of plea. 



Melrose, 9th April 1659, G. Jackson 

Robert Pringill of Blindlie craves decreet to be inter- BHndiie. 
poned to a former act of court discharging all persons to 
intrude by fishing within the bounds of the water of Tweed 
pertaining to the Westhouses, wherein he stands here- 
tably infeft as holding from the Earl of Hadinton ; in 
respect that Robert Ormestoun in Galtounsyde does daily 
fish there without his warrant, and ought to pay the penalty 
contained in the said act and find caution to abstain in 
future. 

Claim by Thomas Cochrane, portioner of Newtoune, Cochrane v, 
against William Clerk in Colmesliehill, in respect that at Clerk " 
St. Mungo's day last he bought from the defender a boll 
of good seed oats and paid him the full price, but he has 
never delivered them, and ought to pay 10 I. Scots. 
Decerns for 8 I., with 13 s. 4 d. expenses. 

James Hendersone in Calfhill sues John Hendrie in Henderson v. 
Allaneschawes for a year's fee due at Whitsunday last, Hendne - 
being 16 1. Scots. Defender alleges pursuer was nine 
weeks absent from his service, ' and alledgit tua sowmes of 
scheip and ane kow.' Decerns on defender's confession ' 
for the fee ; expenses, 16 s. 8 d. 

James Lythgow of Drygrange, portioner of Ridpeth, Drygrange v. 
complains against George Bell, John Mein, smith, Alex- sun ry ' 
ander Richardsone, Andrew Winter, John Rodger, Andrew 
Cairncroce, John Steinsone, William Andersone, James 
Huntar, William Huntar, Jean Cairncroce, John Andersone, 
James Rodger, Thomas Turneour, who and their servants 
and others, inhabitants of Ridpeth, cut, destroy and take 
away the ' broome, whines, thornes, and bramells ' out of 
his ground ; and desires act of court for preventing this 
in future. Ordains and enacts, under pain of_5 I. 



228 



MELROSE REGALITY RECORDS 



Kirk-session v. 
Caimcross. 



Complaint by the minister and kirk-session of Melros 
against Andrew Cairncroce of Wolplaw and Wester 
Longley, who is owing to them 7 1. Scots ' for a stent of 
repairing of the kirk of Melros.' Decerns conform to the 
stent. 



Duncan v. 
Mein. 



William Edgar, procurator fiscal, portioner of Melrose, 
arraigns John Duncan, cooper in Ridpeth, and John Mein, 
his brother-in-law, in respect that on Thursday last on 
their way out of this town at night they fought with and 
struck and abused one another, and ought to pay the fine 
required by act of Parliament. Both denied, and it is 
referred to their oath ; deponed they did not strike or 
touch one another. Absolved. 



Riddell v. 
Law. 



Melrose, 23d April 1659, G. Jackson 

' The said day Thomas Law, weivar in Melros, hes 
undertaiken to weive twentie elnes of sairge to Walter 
Riddell betuixt and Midsomer nixt.' 



Eari of Had- James Pertus in Plewlands is decerned to pay to John, 

Pe°tus*' Earl of Hadinton, 100 1. for the feu duty of Plewland, 

Whitsunday and Martinmas 1658, conform to his promise. 



Darling v. 
Caldcleugh, 



Thomas and Edward Darling, portioners of Blainslie, 
and John Stirling, portioner there, sue Thomas Caldcleuch 
in Braidwood scheill, who at Candlemas last bought from 
them 40 threaves of oat straw at 12 s. Scots per threave, 
and he has received 26 threaves thereof, but refuses the 
rest and the payment for all. Defender granted promise 
of payment. Decerns for what is received, at the price 
claimed. 



Davidson v. 
Fisher. 



William Davidsone, servant to Andrew Tunno, notary 
in Melros, sues William Fischer, portioner of Darnick, as 
cautioner for the deceased Andrew Darling called Easter, 
portioner of Apiltrieleives, for 8 1. 5 s. Scots contained in a 
decreet by pursuer against defunct two years ago, upon 



LADY GLADSWOOD v. TRESPASSERS 229 

which defender became cautioner to pay, and paid 12 s. 
Scots thereof. Held as confessed, defender absent, 3d diet ; 

13 s. 4 d. expenses. 

Complaint by Helen Wricht, Lady Glediswood, against Lady Giedis- 
James Rodger, Andrew and James Cairncroce, John p e °h. *' 
Andersone and William Hunter, portioners of Ridpeth, 
whose horses, nolt, and sheep daily trespass on the lands 
of Glediswod, eating and destroying her grass and corn ; 
and she desires an act of neighbourhood. Defenders 
absent, except Andrew Cairncroce, who desired the like 
act in regard to her beasts, pasturing on the ground of 
Ridpeth (to whom it was answered that they ought to 
cite her before the judicatory under which she dwells), the 
bailie enacts and ordains that for every horse or mare 
found upon the pursuer's ground hereafter shall be paid 
16 d. Scots, ' eight ' {probably mistake for each] nolt, 8 d., 
and each sheep 4 d., as often as they contravene. 

William Maben in Galloscheills sues Janet Scott in Maben v. 
Melrois for 12 1. as the agreed-on price of two stones of cott " 
lint bought from him, to be paid last Midsummer ; more 
for a pair of ' kairds,' 15 s. Pursuer granted receipt of 

14 ells ' round cloath ' ; decerns for the rest ; 13 s. 4 d. 
expenses. 

John Mein, elder, portioner of Newsteid, sues Alexander Mein ». Rid- 
Ridpeth, wright in Melrois, for 58 s. as the balance of the P eth " 
price of some wood bought from pursuer at Martinmas 
last, growing at Fauchhill Dean. Decerns ; 8 s. expenses. 

Claim by John Cruikis and William Maben, bailies in Cruikis and 
Galloscheills, against Andrew Cairncroce of Wester Langlie, calrncross. 
in respect that they bought and paid for ' ane bauk of 
wood ' from him at the price of 120 I. and they have his 
discharge (without clause of warrandice or registration), 
but he will not yield up the contract made between them, 
to be cancelled ; or have the discharge renewed, with 
these clauses. Ordains the defender of his own consent 



230 



MELROSE REGALITY RECORDS 



to renew the discharge conform to the claim, and pursuers 
to find caution to answer as law will. 



Scott v. 
M'Callo. 



Maccalo v. 
Scott. 



Merser v. 
Merser. 



William Scott, herd in Calfhill, sues George M'Callo there 
for two bolls of oats promised to pursuer ' for his hird 
bell 'in 1658, to be delivered between Martinmas and Yule 
last, which he refuses to deliver, or pay 10 1. for each boll ; 
also 3 1. Scots for service wrought by pursuer's son, James 
Scott, to the defender since St. Mungoisday to this same 
day. Decerns on pursuer's oath for two bolls oats, modi- 
fied to 6 1. the boll ; the judge of consent of both parties 
allows 36 s. for the fee ; expenses, 26 s. 8 d. 

Claim by said George M'Callo on said William Scott, 
who pastured on his ground 30 sheep ' of oversoumes ' 
from Whitsunday 1658 to Whitsunday 1659, at 10 merks 
each soom ; whereof he ought to pay at least the just half. 
Defender denied, and pursuer referred it to his oath ; 
restricts the libel, of pursuer's consent, to 15 sheep. 
Ordains defender to pay 7 1. 10 s. 

James Merser in Newsteid sues James Merser in Galtoun- 
syde, who at Yule last sold to pursuer 4 bolls infield oats, 
which were paid, and to be delivered about Candlemas 
thereafter ; but no delivery is made. Decerns, for 28 1. 
for the whole ; expenses, 26 s. 8 d. 



Beiiw. Maben. Complaint by William Bell, portioner of Galtounesyd, 
against John Maben in Cobilhous, ' mentioning that 
quhairas he having sex buttis of land lyand upon the 
north syde of the cobilhous, and trew it is that he be his 
bestiall and uthers strangers bestiall that hants and 
frequents his house in the comone passe to and from the 
cobill, hes eatin and distroyit the last cropt 1658 thrie 
pecks beir and comprysit thairto be James Bowstoun, 
Andro Mar and James Merser ; and the samene being 
sawin with aits and ry this yeir, he be himselff his awin 
bestiall and uthers that hants and frequents his hous hes 
eatin upe the whole braird thairof and will by that mean 



ACTION REGARDING BROOM 231 

mak the samene altogither unproffittable for him, the 
sawing thairof being thrie furlotts aitts estimate to the 
thrid corne, extending to nyne furlotts corne with the 
fodder, which he aucht to be decerned to mak furthcum- 
and to him haill uneatin and destroyit, and if the same be 
distroyit to tak the whole sawing and incres to himselff 
and pay the pryces of corne and strae as they sail rewle 
this yeir ' ; and he desires act of neighbourhood for the 
future. ' Actis xvj d. for each horse, 8 d. for each nolt, 
and four for the scheip, that sail be apprehendit thairupon 
in tyme comeing.' 

William Fischer, portioner of Eister Langley, complains Fisher *. 
that Jean Hunter, portioner there, and her children and unter ' 
servants, do ' cutt with hooks, break doune, destroy and 
awaytak the whole unpartit broome betuixt him and 
hir,' and he desires act of neighbourhood. The bailie 
ordains that neither party cut or take any ' unp[ar]tit ' 
broom ' equallie belonging to both of them alyke ' until 
the same be first ' set a part and divydit betuixt them,' 
and after partition each party is to touch only that which 
belongs to him or her, under pain of 40 s. Scots to be paid 
by the contravener. 

Melrose, 7th May 1659, G. Jackson 

Andrew Gastoun in Lessudden sues James Gastoun, Gastoun v. 
portioner there, indweller in Sanct Boiswells, for 701. astoun - 
Scots as the price of some bear bought from complainer 
7 or 8 years ago, conform to accounting between them a 
year after before witnesses, and 41. 3 s. of annual rent, 
being 33 1. 4 s. in eight years, and half a firlot of pease. 
Pursuer compearing with John Bunyie his procurator, 
and defender with Andrew Tunno his procurator, the 
latter denied any money due to pursuer for bear or any 
other thing, and granted only the pease. Two terms being 
assigned to pursuer, and this day being the third and last 
diet, pursuer produced David Unes in Lessudden as a 
witness to whom both parties referred the controversy, 



232 



MELROSE REGALITY RECORDS 



but he refused to accept, and also refused to depone as a 
witness till next court day ' wntill Walter Coatt in Cameis- 
toun wer also present there with him to depone, quhom 
he alledgit knew much moir of the bussienes nor he knew,' 
whereupon the defender and his procurator took instru- 
ments ; and as this day was the last term assigned for 
probation, the bailie holds the pursuer has falied therein 
and grants absolvitor, reserving to the pursuer his action 
of reduction as accords of the law. 



Cairncross v. 
Henry. 



Agnes Cairncros in Allaneschawes complains on John 
Henry there, who at Yule last bought from her a cow and 
a stirk, ' sche being then with calf,' at 25 1, to be paid on 
11th June thereafter, and he was not to remove the beasts 
off the ground of Allaneschawes till she was paid ; yet he 
has removed them to Litle Catpair, thinking to defraud 
her of payment, as he is to remove from Allanshaws at 
Whit. next. She therefore craves security, ' or the kow 
brocht bak.' He also owes her a rix dollar, borrowed last 
January. Defender acknowledges purchase and receipt 
of the cow and stirk, but alleges the price is much less 
than is claimed ; denies the dollar. Referred to his oath, 
who refuses to depone. Decerns. 



Hunter v. 
Merser. 



Jean Hunter, goodwife of Eister Langlie, sues James 
Merser there, her tenant, for 23 1. as the balance of last 
Martinmas rent, and 52 I. 10 s. as the approaching Whit- 
sunday rent, and as he is to remove she desires arrestment 
upon the action depending; which was granted on the 
first diet. Defender grants 19 I. 6 s. of the first part ; 
decerns, and also decerns for the last part, suspending 
execution till 15 days after this Whitsunday ; 5 1. 6 s. 8 d. 
pf expenses. 



Grierson v. 
Bowstoun. 



George Greirsone in Dernick sues Margaret Bowstoun 
in Galtonsyde, and James Bowstoun there, her cautioner, 
for 8 1. Scots, resting for the price of malt bought from 
him in 1645. Decerns on cautioner's acknowledgment ; 
13 s. 4 d. of expenses. 



PRINGLE v. MELROSE TRESPASSERS 233 

William Andersone, merchant in Melros, sues George Anderson v. 
Aird, herd in Danyeltoun, for 5 I. Scots as the rent of a 
house and yard in Dainyeltoune set to defender from Whit- 
sunday 1658 to Whitsunday 1659. Decerns for 4 1. ' and 
to frie the tennent at Johne Andersone the masters hand.' 
Paid judicially and discharged. 

Michael Gibsone in Melros sues Thomas Ridfoord there Gibson v, 
for 3 1. 11 s. Scots for flesh bought from pursuer before 
last Martinmas. Decerns as confessed, defender absent ; 
6 s. 8 d. expenses. 

Complaint by George Pringill of Buckholme, and Alex- Buckhoim v. 
ander Uschar in Melros, his tenant, against the whole SU) 
inhabitants of Melros and Dainyeltoun, ' who both by 
day and nicht does frequent and mak comoun gaitts and 
rodis throw his yairds in Melros quher never non wes 
maid befor, and dois throw doun his dykes of his yairds 
to his hurt and prejudice,' so he desires an act for prevent- 
ing this. The bailie fines each contravener 6 s. 8 d. 

Claim by George M'Callo in Calfhill against Patrick M'Caiio v. 

Blakie. 

Blackie there, to whom at Lammas last he gave 14 I. Scots 
to pay the monthly maintenance, but he was forced to 
pay the same over again, ' thrie trouperis comeing from 
Jedburgh and quartering upon him sex dayes, and his 
expenses in Margaret Eilleis in Melros, which comes to 
sevinteine punds,' the whole being 32 1. 12 s. Scots ; and 
the defender will not account. Defender on first diet 
constituted John Bunyie his procurator ; second diet, 
denied the libel, which is admitted to pursuer's probation ; 
3d diet, decerns as confessed, defender absent ; 26 s. 8 d. 
of expenses. 



Thomas Cranstoun sues William Cairncros of Allan- Cranston v. 
schawes for 11 s. sterling as the balance of a greater sum. armcross - 
Decerns as confessed, 3d diet, defender absent. 



Claim by Nicol Cairncroce in Threipwood against John Caimcross ; 



234 



MELROSE REGALITY RECORDS 



Hendrie in Allaneschawes, who at Whitsunday last received 
from him ' in gressing and hirding ' the number of 65 hogs, 
and was to keep the same till Whitsunday next, ' whereof 
he promittit him aither skin or birne conforme to the use of 
hirding,' and the pursuer promised to pay 4 I. 10 s. for 
each soom ; yet by his sloth and negligence in not putting 
a sufficient herd therewith the defender has lost the whole 
goods, price of the piece 53 s. 4 d. and ought to pay the 
same, in regard he delivered the pursuer neither ' skin 
nor birne.' Andrew Aitchiesone in Threipwood, 50 years, 
depones ' he knowes not how many wes of the hoggis, bot 
he himselff did smeir them wes of them, and as he hard 
by the report of utheris thair was Ixv thairof, and ar all 
lost by the defender not puting a hird thairto.' Thomas 
Litle in Alaneschawes, unmarried, 25 years, depones ' thair 
wes thrie-scoir and fyve of the hogges at the tyme of the 
smeiring, and that they had never a constant hird the 
tyme of the storme, and by that the goods wes lost, and 
knowes nocht ells.' James Moffit in Threipwood ' depones 
he knowes the hogges wes smeired be the persewar and 
taikin upe be him to Allaneschawes, and declaires it is 
the common custome to give skin and birne or utherwayes 
they get no gres maill, and knowes no farder.' Decerns 
defender to pay 60 1. Scots in full contentation of the claim, 
and pursuer to deduce therefrom the grass maill or what 
remains unpaid thereof ; 3 1. 6 s. 8 d. expenses. 



Wallace v. 
Lamb. 



Melrose, 21st May 1659, G. Jackson 

James Wallace, smith in Bowdone, sues Patrick [Lamb] 
in Elleistoune, executor to dec. William Lamb, his brother, 
in Elleistoune, for 5 I. Scots due by defunct for smith- 
work, and 40 s. Scots ' for the gres of one ley rig.' — 7th May 
1659, first diet, defender denies to be executor ; assigns 
him the next court to depone, pursuer referring the pro- 
mise to his oath. — 21 May 1659, held as confessed ; 20 s. 
expenses. 



Gibson v. 
Priiigle. . 



Claim by Michael Gibsone in Melrois against John 



HORSE DISPUTE 235 

Pringill in Blainslie, who ' upon Monday bygane fourtein 
dayes ' sold to him a black naig for 30 1. 12 s., whereof 
the pursuer paid 27 1. 12 s., ' quhich naig he delyverit to 
him upon Satterday and uphald the samene frie of crook 
and cold or onie uther fault, and for that effect grantit 
him aucht dayes tryell of the said naig, in presence of 
Thomas Mar in Melros, George Pringill thair, and James 
Haistie in Blainslie ; and the horse being crooked in the 
hinder legis the persewar send the samene bak to the 
defender upon Tuysday last thairefter, quhich he re- 
ceived,' but refuses to pay back the money. Thomas Mar 
in Melros depones that the defender upheld the naig free 
of crook and cold, but he heard no time prefixed for trial, 
' bot the defender offerit to tak the naig. back in cais he 
had any fault.' George Pringill depones that the defender 
upheld the naig free of crook and cold, ' and that he offerit 
the persewar both monie and the naig bak, bot knowes 
not how long the defender give the persewar to try him in.' 
James Haistie depones the defender ' upheld the naig no 
longer nor the delyvery, and if onie in Blainslie could say 
he had either crook or cold that he sould delyver the 
monie and naig both ; and that he naither hard the 
persewar desyre 8 dayes nor the defender grant.' Michael 
Gibsone depones the defender offered to uphold the 
horse until Saturday, ' and that he send bak the horse 
one Tuesday.' Decerns the defender to receive his horse 
and deliver back the pursuer's money. 



Complaint by George Alexander in Moshouses against Decreet, 
John Notman in Longschawmiln, who at Whit. 1658 Notraan? r " 
borrowed from him ' thrie half fulls of beir ' and promised 
to pay the same in bear or money at the common price ; 
also he is owing 36 s. as the price of ' ane mill half furlott 
of ry ' bought in March last, Grants the rye. Also he 
detains from him a new sack which he received from 
Anthony Murray to give to the pursuer, Anthony having 
borrowed it two years ago, and it is worth 36 s. Grants 
the sack. [No decision mentioned.] . 



236 MELROSE REGALITY RECORDS 

Actanent Complaint against William Tuntar, fowler and in- 

dweller in Ancrum, and King, fowler, indweller 

in , who daily frequent the mosses of Threip- 

wood and Blainslie with their setting dogs and nets, and 
the whole muirs about Moshouses, Colmesliehill, Blainslies, 
Threipwod, Newhouses, Allaneschawes, Threipwood rig 
and all other muirs lying within the lordship of Melrois 
where muirfowl * uses to hant, and with thair saids nettis 
and setting doggis doeth destroy and take all the mure- 
cockis, murehens that is sitting upon thair eggis, and 
wilduckes which are sitting lykewayes, which comes in 
thair way, so that therby they doe not onlie destroy the 
old foullis contrair to many good actis of Parliament 
maid thairanent, but by killing of them the whole eggis 
and young puittis of the hennes and duikis so taiken be 
them are lykewayes destroyed therby.' Therefore the 
bailie ordains and enacts that no person within the lord- 
ship of Melrose shall reset any of these fowlers or others 
hereafter in their houses by night or day, without the Earl 
of Haddington's warrant in writing, under penalty of 10 
merks for the first fault, 20 merks for the second, and 
40 merks for the third, and imprisonment besides for 48 
hours for each fault, the penalties to be uplifted without 
defalcation, and half given to the informer and half to 
be used as the bailie depute shall direct. And if any 
of the fowlers be found hereafter with setting dogs or nets 
ranging the muirs without written permission, they shall 
be liable in the same penalties, half to go to the appre- 
hender and half as the bailie shall order, and their dogs 
shall be hanged, and the nets taken from them, and 
themselves imprisoned for 48 hours. ' And because thair 
is mair hirds and uther idle persones within the foirsaids 
bounds in the sumer tyme that uses to sett girnes and 
catch the murehennes and wyld duiks that are sitting 
upon egges, quhilk not onlie destroyeth the old foulls 
bot lykewayes the young as said is,' it is therefore enacted 
that no person shall hereafter set ' girnes ' upon any of 
the mosses or muirs within the lordship of Melrose for 
taking of muirhens or wild ducks off their eggs, under the 



DECREET OF LAWBORROWS 237 

penalty of 5 1 for the first fault, 10 1. for the second, and 
20 merks for the third, to be applied as aforesaid, and 
imprisonment besides for 48 hours for each fault. Ordains 
Alexander Uschar to make public intimation hereof at the 
market cross of Melrose ; which was done the same day, 
in presence of James Ker, elder in Melros, William Ander- 
sone, merchant there, and Andrew Kennedie, portioner of 
Dernick. 



Melrose, 4th June 1659 

John Bowar, Wester, depones he dreads bodily harm Bowar v. 
of John Bowar, Eister, portioner of Eildon, who is ordained Bowar - 
to find lawborrows in 100 1, and he finds Andrew Penman, 
portioner of Melrois, cautioner for that effect ; witnesses, 
Alexander Uschar, and Thomas Law, portioner of Melrose. 

Claim by John and Richard Bowstoun, cordiners in Decreet, 
Dernick, against William Hoy, portioner of Galtounsyde, Hoyf tOUn "' 
called ' East Coatt,' who about 7 years ago was copartner 
with them ' of ane bargane of wood bark and baich ' 
bought by them from James Lythgow of Drygrange and 
then growing upon ' Tweid hewch,' and he promised them 
4 rix dollars to quit the bargain, whereupon they gave 
over the whole bargain to him ; but he has never yet paid 
the money. Defender grants he promised the dollars in 
Drygrange' s name. Pursuers depone they made no new 
paction with Drygrange after the condition made with 
Hoy and the foresaid promise. [No decision stated.] 

William Edgar, portioner of Melrose, in name of the Kirk-session 
minister and elders of the parish of Melrose, sues Thomas v ' 
Law, weaver in Melrose, for 11 1. 13 s. 4 d. Scots as the 
balance of 100 merks due by him. Granted the debt. 
Decerns ; 13 s. 4 d. of expenses. 

Complaint by William Edgar, portioner of Melrose, Act among 
against Adam Lythgow, weaver, portioner there, whose ^WaLdTin 3 
parts of ground lie contiguous with the pursuer's upon Melrose - 



238 MELROSE REGALITY RECORDS 

Scotts bray, and the said Adam contrary to the whole 
neighbours of the town and order of neighbourhood and in 
prejudice of the pursuer and remanent possessors in the 
Wairds of Melrose has both this year and last year tilled 
and sown his part of outfield ground in Scottisbray and 
the other brae be-east it called Tumbleingbray, ' and the 
persewaris partis and the rest of the townes all lyand ley 
round about him, swa that therby he impeids and stoppis 
them in the pastureage of thair horses and utheris bestiall ; 
and nochtwithstanding of all this the said Adame pastures 
hirds feides and keipes his four nolt daylie upon the 
Wairds and upon the persewar and the rest of the nicht- 
bouris thair ground, albeit he hes his part of the ground 
teild and sawin, as said is, and therby does michtilie pre- 
judge and wrong the towne and the, persewar lykewayes.' 
An act is desired that no man should till and sow any 
outfield ground in the Wairds in time coming except when 
the whole town condescends to till all together, and that 
no nolt pasture upon the. Wairds in the summer time 
without consent foresaid, The bailie enacts accordingly 
under a penalty of 10 merks for each contravention, 

uthgowv. Claim by Thomas Lythgow, writer in Edinburgh, 

against George Bell, portioner of Ridpeth, for 48 s. Scots 
disbursed by pursuer ' for the defender's use and the rest 
of his nichtboris, and by his misive letter promittit him 
payment.' Decerns on pursuer's oath. 

Gibsons/. Michael Gibsone in Melrois sues Mr. John Currie, por- 

tioner of Newtoune, for 8 I. 10 s. for flesh. Held as con- 
fessed ; 12 s. expenses. 

Haiiiweii v. Complaint by Margaret Eckfoord, wife of James Merser, 
Merser. rd and * n Galtounesyd, and him for his interest, against Isobel 
Halliewooll, widow of Quentin Mertoun there, as follows :— 
There was a contract of wadset between the said Isobel 
Halliewooll and the said [sic] deceased Robert Mein, the 
pursuer's umquhile spouse, whereby she with consent of 
Thomas Mertoun her eldest lawful son, did wadset to the 



ACTION REGARDING A WADSET 239 

said Robert Mein two acres of land in Galtonside, off 
which the said Isobel has detained from them ' ane rige 
lyand in the Gootter ' for the past 20 years, which rig ' wald 
have sawin yeirlie ane furlott of beir,' so that the pursuer 
and her spouse are damnified yearly for the past 20 years 
in four firlots of bear with the fodder as the increase and 
profit of the said rig ; which ought therefore to be paid, 
and they to be put in possession of the rig for the future. 
Pursuers compearing with Andrew Tunno, notary in Mel- 
rose, as procurator, and defender compearing with Thomas 
Law in Melrose, her procurator, the latter gave in defences 
as follows : — It is denied that the defender has any such 
rig pertaining to the two acres of land wadset, and the 
pursuer's first husband received the whole land contained 
in the contract. Secondly, the pursuers ought to instruct 
their title to the two acres of land and grant sight thereof 
to the defender before any process. The pursuers answer 
that for instructing their title the contract of wadset is 
produced, with an obligation by the defender to Margaret 
Eckford herself ; and ' it is great impudencie to the de- 
fender to deny the deteining of the said rig from the per- 
sewar, who will find it bitternes in the end for detening 
the said rig,' and they offer to prove her detention thereof 
by writing and otherwise. In reply, the defender alleges 
as formerly, and also points out that no production will 
be helpful to the pursuers, as neither the pursuers nor their 
predecessors had ever the said rig in possession, nor is it 
' bund be way of contract to the said persewar nor hir 
umquhill husband be the said defender, bot sayes that 
the persewars is obleidget to hald it frie at the superiors 
hands be vertew of the said contract.' As to an obliga- 
tion, defender grants the same but will prove the sum 
therein contained to be already paid and so the bond to 
be null ; and also desires the pursuer's oath of calumny, 
' in respect the defender had all that is bund be way of 
contract in hir awin possessioun, and the persewar forcit 
the defender to pay yeirlie annualrent conforme to ten of 
the hundreth exceptand onlie within this twa or thrie 
yeires'space last, and the persewar did intromet with that 



240 MELROSE REGALITY RECORDS 

pendicle land at his awin hand aucht weiks befor the terme 
without ordor of law,' and so they ought to repair the loss 
she has suffered, and the defender should be absolved 
from such an unlawful pursuit ' in seiking yeirlie profite 
for the ground that is nowayes bund to them bot be way 
of obligatioun, which sowme conteinet therin as all payit 
to Robert Halliewooll in foirend of his tocher gud with 
Margit Eckfoord persewar hir dochter now spous to the 
said Robert Halliewooll.' — The judge ordains the defender 
Isobel Halliewooll to prove the pursuer's possession of the 
two acres of land lying in the Coatyairds, which two acres 
alone are wadset and not the Gootter rig, and to prove the 
payment of the 22 I. contained in her bond to the pursuer 
in 1637. — 21 May 1659, the defender's witnesses depone 
as follows : — James Bowstoun in Galtounesyde, married, 
50 years, depones ' that the Gootter rig is no pairt of the 
twa aikeris of land lybellit, and that Issobell Halliewooll 
defender hes good sufficient undoubtif right to posses the 
same and hes still bein in peiceable possessioun therof 
since the samene wes lowsit from the deponer himselff, and 
that the persewaris had never the Gotter rig in posses- 
sioun ' ; knows nothing of the payment of the 22 1. John 
Halliewooll there, ' depones that the Gootter rig is no part 
of the twa aikeris of land and that it payes 13 s. 4 d. of few 
dewtie, and that it does not belong to the twa aikeris of 
land and that it wes old Westhousses rig and exchainget 
be him with the defenders father with ane peice of land 
of his that lyes in the Chamberyaird in Westhousses or 
Raidhauch.' William Hoy there, depones as above anent 
the rig, and declares that the 22 1. was paid by defender 
about Martinmas last to Robert Halliewooll, pursuer's son- 
in-law, 'in tocher with hir dochter, at hir direction, and 
that Robert Mein and John Halliewooll are cawtioners for 
the dischairge.' John Halliewooll, Croce, depones * to his 
best knowledge and as he heirs the rig does not pertein 
to the twa aikeris of land, and that he did sie the xxij lib. 
payit to his brother about Mertymest last, and that he 
and Robert Mein is cawtioners for the dischairge.' Thomas 
Bowstoun, Eistcoat, depones ' the rig does not belong to 



ACTION FOR SOLDIER'S FEE 241 

the twa aikers of land, and that the persewaris ar in pos- 
sessioun of all that ever Robert Mein possest, and that thair 
wes neyir moir for twa aikeris nor they posses.' — The 
judge assoilzies the defender from the whole claim, and 
finds the libel ' to be most unjustlie, unlawfullie, falslie, 
fogettlie, and feinziedlie persewit, to put the defender to 
unnecessar chairges and expensses.' 

Thomas Bowie in Melros sues Andrew Kennedie in Bowie v. 
Dernick for 31. 5 s. Scots due for meal bought about enne y ' 
3 years ago from the complainer. ' Decernes ut supra ' [sic] 

Melrose, 25th June 1659, Gideon Jackson of Loch- 
houses 

Complaint by William Patersone in Stow against Thomas Fairgrieve v. 
Feirgreive in Colmeslie, as follows : — In 1644 the deceased 
Alexander Patersone, son of the said William, " went 
foorth sojour for the said Thomas Feirgreive in that 
expeditioun to England wnder the command of Hew Scott 
of Galloscheills,' and Fairgrieve then promised him 
100 merks of fee, to be paid to the said William Paterson 
within six days thereafter ; but payment is not yet forth- 
coming. The pursuer compearing at first personally and 
then by Nathaniel Weild, notary public, his procurator, 
and the defender compearing personally with Andrew 
Phaupe, notary in Melrose, his procurator, the defender 
denies the debt resting and offers to prove it fully paid, 
and desires the pursuer to find caution to answer. Pur- 
suer craves commission for examining witnesses in the 
respective jurisdictions where they reside, and offers to 
find caution if the defender give his oath of calumny. — 
The judge admits to the defender's probation as to pay- 
ment of the debt. John Notman in Longschawmiln, 
48 years, depones he saw Fairgrieve deliver the whole sum 
to William Paterson in deponent's own house ' at his 
awin boord,' except four dollars, which was the pursuer's 
son's own proportion in that levy. Isobel Smyth, wife of 
the said John, depones the same. Andrew Cairncroce 

Q 



242 



MELROSE REGALITY RECORDS 



of Wester Langlie, unmarried, 36 years, depones the pur 
suer acknowledged receipt of all the money except four 
dollars, which was his son's proportion. Defender 
assoilzied. 



Trotter v. 
Merser. 



John Trotter of Eisterhousebyre complains on Thomas 
Merser in Eisterlonglie, who at Whitsunday a year past 
intromitted with and took away out of the Eister Langlie 
' ane toope hog of his and clipped and keild the samene,' and 
retains the same, and in Midsummer fair, 1658, he promised 
to satisfy therefor, and also at Moshouses Wester, price 

3 1. 6 s. 8 d. Defender confessed the intromission upon 
negligence, and alleged the hog to be upon the House- 
byre ground in the pursuer's possession. Decerns to pay 

4 s. sterling ; 6 s. 8 d. expenses. 



Sco«° lm "' William Scott, herd in Allaneschawes, is ordained to pay 
to Andrew Chisholme in Birkensyde 5 t. ' beat ' [i.e. less] 
2 s. Scots due to pursuer as balance of price of a boll of 
bear received from pursuer a year ago in bear-seed time, 
to be paid at Michaelmas. Held as confessed, 3d diet ; 
expenses, 13 s. 4 d. 



Mein v. 
Bowar. 



Complaint by Bartholomew Mein in Eildone against 

Bowar, Eister, who is due to him a ' pair of 

new schankis, twa laids of peitts and ane yocking of muck 

leiding,' and refuses to give satisfaction. Decerns 12 s. 

for the ' peitts leiding,' and to deliver ' ane elne quhyt.' 



Mr. James 
Strong v. 
sundry. 



Complaint by Mr. James Strong, sometime schoolmaster 
at Melrois, against John Fischer of Housebyres, William 
Fischer in Colmesliehill, Adam Hislope in Longschaw, 
Thomas Turneor there, Thomas Feirgreive in Bentmiln, 
William Taitt in Ladopemuire, Patrick Blakie in Calfhill, 
John Frater in Langhauch, who all are liable in payment 
to him of their proportions ' of thair waidges for half ane 
yeirs service done be him to them, to wit, from Mertymes 
1658 to Witsonday 1659.' — ' Decernes conforme, John 
Frater for Longhauch, Peter Darling for Apiltreeleives, 



SCHOOLMASTER SUES FOR WAGES 243 

Adame Hislope for Nether Longschaw, and als decernes 
against the persones following conforme to this roll under- 
writtin, the said John Fischer for Old Melros, 14 s., Dry- 
grange 1 lib., the said Thomas Feirgreive for Colmeslie and 
Wolplaw 3 s. 4 d., William Cairnecroce for Allaneschawes 
16 s., Robert Trotter for Eister Housebyre, 10 s., the said 
John Fischer for West Housebyre, 27 s., Adame Hislope 
for Longschaw 36s. 4 d., William Fischer for Colmesliehill, 
16 s., George Alexander for Moshouses 13 s. 2 d., Robert 
Laidlaw, elder, for Buckeholme and Williamlaw, 50 s., 
Patrick Blakie and William Taitt for Hilslope 30 s., Andro 
Pringill, Johne and Robert Leyes, for Halkburne, Quhitlie 
and Dykes, 33 s. 4 d., Edvard Darling for Blainslies with 
concurance of Johne Pringill 31. 6 s. 8 d., Thomas Cald- 
■cleuch for Braidwoodscheill 3 s. 4 d., James Moffit for 
Threipwood 21 s. 4 d., William Fischer for Eister Langlie 
14 s., James Mein for Wester Longlie 13 s. 6 d. — 
Exfpenses ?] against thir from Mertymes 1658 to Wit- 
sonday 1659, exfpenses] each one 1 li. 12 d. Scotts and 
beneath.' 

Joseph Hart in Chappell complains on James Turneor, Hartw. 
herd in Longschaw, who by his sloth and negligence ' eat tinued). 
and destroyed to him the cropt 1659 twa Lothiane bollis 
aitts, pryce of the boll ,' comprised by James 

Lidderdaill and William Schillinglaw. Ordains the com- 
prisers either to be present or attest. 

Complaint by Joseph Hart of Chappell against John Harm, sundry 
Turneor in Over Longschaw, Thomas Turneor there, mue 
James Turneor there, Adam Hislope there, John Notman 
there, James Turneor there, James Turneor herd there, 
who ' be thair bestiall, horse, nolt and scheip, eatts and 
destroyes his haill hill and outfeild cornes,' to his great 
hurt. He desires act of court, and penalties to be attached. 



Melrose, 9th July 1659, G. Jackson 

Complaint by George Alexander in Mosehouses against Alexander v. 
Thomas Notman there, and James Hastie for his interest, ° man ' 



244 



MELROSE REGALITY RECORDS 



in respect of an action at pursuer's instance against said 
James Haistie in Blainslie for payment of a certain sum 
of money, upon dependence whereof he obtained an 
arreistment and by virtue thereof John Phenneik, officer^ 
on 27 June 1659 arrested in the hands of said Thomas 
Notman 14 I. due by him to James Haistie, in security to 
pursuer of 11 1. 10 s. Scots due to him,, but this he refuses 
to make forthcoimng, unless compelled. Decerns on 
defender's confession for 12 I. 10 s. 



Alexander v. 
Haistie. 



Complaint by George Alexander, lawful son and only 
executor to deceased, Richard Alexander in Moshouses, 
against James Haistie, son and heir of deceased, Alexander 
Haistie in Hespieschaw, in respect that on 18 February 
1657 pursuer's father obtained decreet against defender's 
father before the Commissary of Lawder for 10 1. of 
principal and 30 s. of expenses ; and defender refuses to 
pay. Decerns as confessed, with 20 s. expenses. 



Henryson v. 
Blake. 



William Hendersone in Bentmiln sues Robert Blakie 
in Halkburne for 7 I. 16 s. as agreed-on price of five half 
flrlots of oatmeal received from pursuer a year past at 
Yule, and payment promised at St. Bernimonisday there- 
after. Decerns as confessed, with 16 s. 8 d. of expenses. 



Jerdon v. 
sundry. 



Claim by Andrew Jerdon, burgess of Jedburgh, against 
Robert Laidlaw, indweller in Williamlaw, and his 'joyneris,' 
who owe him seven threaves of straw at 18 s. Scots per 
threave ' quhich they wer lyable to pay to the troupers 
that lay in Jedburgh upon Merche, Aprill and May last, 
1659 ' ; and against William Cairncroce of Allanschawes 
and John Henrie, his tenant, for six threaves of straw 
in like manner. Decerns ; expenses of either party, 12 s. 



Frater v. 
Frater, 



John Frater, younger, in Langhauch, sues John Frater, 
elder, there, for payment yearly for the years 1655, 1656, 
1657, and 1658 of a boll of bear ' with viij s. per annum 
dew and payable be the defender to the persewar for these 
lands, housses, fruitt yairds, in Longhauch possest be 



CATTLE DESTROY OATS 245 

him and haldin be the defender of him in rentall richt ; 
mair of viccarage xxvj s. yeirlie thir twa yeirs bygane ; 
item, mair payit out for him thir four yeirs bygane, xxiiij s. 
yeirlie ' ; which bear or price thereof, rent, vicarage and 
' monethlie assesse ' he refuses to pay. Decerns on de- 
fender's confession. 

Complaint by Adam Lythgow, weaver, portioner of Lithgow v. 
Melros, against William Edgar, portioner there, ' who be Ed s ar - 
his kyne and horse in July and August 1658 eat and de- 
stroyit to him ane furlott and twa copfulls aitts, pryce 
thairof lvj s., and his goodis being apprehendit be him 
upone the cornes, he causit James and John Wallaces 
and Thomas Mar in Melros compryse the samene to the 
foirsaid skaith and that upon the third day of August 
the said yeir, quherof the said William Edgar promittit 
him payment and delyverance schortlie therefter and yit 
refuissis.' — 4th June, both parties submit to decision of 
the comprisers ; who on 3d July 1659 declare that they 
ordain William Edgar to pay to Adam Lythgow 3 s, 
sterling presently in composition, or failing this to deliver 
the oats or price. — 9th July, the judge interpones his 
decreet and decerns conform. 

Claim by John Frater, younger, portioner of Long- Bell v. Frater. 
hauche, against George Bell, portioner of Ridpeth, who 
received from the pursuer 13 1. 6 s. 8 d. Scots for the 
monthly maintenance paid out before March 1659, and if it 
were less he promised to redeliver what remained, and this 
is 6 I. 13 s. 4 d., which he refuses to pay. — 25th June 1659, 
ordains defender to have a copy of the claim and give 
in defences, ' which are thus : — Adheres to the act and 
ordinance lastlie insert upon the end of the lybell, 17 August 
1655, quheras it is said avisandum with thir witnesses 
depositiounes the nixt court day, and desyred the samene 
be obeyed.' Alexander Uschar depones he knows perfectly 
that John Frater did pay to George Bell 20 merks or there- 
by ' in satisfieing of ane decreitt, and that he wrait the dis- 
charge therof ; bot to his best knowledge he being comeing 



Thomson. 



246 MELROSE REGALITY RECORDS 

to and from them he knowes nothing annent the within- 
writtin promeis.' Andrew Cooke depones he knows that 
John Frater delivered some money to George Bell, but 
knows nothing anent the promise of payment. — 9th July 
1659, pursuer renounced further probation. Assoilzies- 
defender. 

Bow.er v. Mar. Robert Marr, weaver in Melros, sues Isobel Bowar there,, 
for 23 s. 4 d., 3 capfuls of oatmeal and a half, for the 
working of 14 ells of linen cloth. Absolves, as pursuer 
refuses to depone. 

Clerks. Complaint by John Thomesone, in Galtonsyde, son and 

heir of deceased Patrick Thomesone in Galtounesyde, 
against Robert Clerk in Galtounsyde, eldest lawful son of 
deceased Robert Clerk there, as follows : — Conform to con- 
tract dated 21st November 1617 the said deceased ' Andro ' 
Clerk his father wadset to the complainer's father two 
acres of land in Galtounesyde, with teindsheaves and 
pertinents, a rood and a half of which two acres was in 
possession of Robert Maben there and wadset to him by 
Andrew Clerk for 22 L ; but the defender redeemed the 
same from Robert Maben 12 years ago, while the pursuer 
was in Holland, and retained the land, and the pursuer 
has been forced ' to pay out the masters maill and can-ages- 
thairf or and siclyke maintenance and ces duiring the space 
of 24 yeires,' and the defender will not relieve him in 
respect of the three half roods or receive at his hands the 
22 I. and give him possession, but has disponed the said 
rood and a half heritably, to the pursuer's prejudice- 
Pursuer compearing with Andrew Phaupe his procurator, 
and defender with Thomas Law in Melrose, his procurator, 
the latter gave in defences as follows : — First, craves pur- 
suer's oath of calumny. Secondly, as to the rood and a 
half, by the terms of the contract the pursuer was assigned 
to the reversion and might redeem the same from Robert 
Maben for 22 1., and the defender was entitled to redeem 
it at every year's end on paying the said sum to the pursuer 
if the latter had taken possession ; but seeing the pursuer 



THOMSON v. CLERK 247 

never did so, the defender did it himself. Thirdly, where- 
as the pursuer alleges he has paid rent, carriages, cess and 
maintenance, he has done well in so doing, for by the 
terms of the contract he is obliged to pay for the whole 
two acres, during non-redemption, and the defender is 
thereby obliged to pay nothing to the master for the rood 
and a half except a peck of ' cuntrie mett beir ' yearly to 
the master and landlord. He ought therefore to be ab- 
solved from this unjust pursuit, which the complainer has 
maliciously raised against him not only at this time but 
before several other bailies of this regality ' this long tyme 
bygane,' and ought to pay expenses. The pursuer in his 
answers offers to prove the redemption of the rood and a 
half from Robert Maben and the possession thereof for 5 
or 6 years, ' as also offeris him to prove the payment of the 
ces and maintenance thairfor ever since his intromissioun 
with the said twa aikers of land, and denyes his intro- 
missioun with one dovat earth except in the wadset ; as 
also denyes any peckis of beir receaved be him from the 
said Robert Clerk except twa or thrie.' The judge ordains 
pursuer to prove redemption and possession of the rood 
and half, and the defender's intrusion thereafter. Robert 
Myldes, elder, in Galtonside, 70 years, depones ' the thrie 
half ruids of land is a part of the twa aikeris of land wodsett, 
and to his memorie that umquhill Patrick Thomesone or 
his sone Johne redeimet the thrie half ruids of land fra 
Robert Maben, and that Johne Thomesones wyfe set the 
same to him three yeirs quhen hir husband wes abroade in 
Holland ; bot how Robert Clerk payit the sowme of 22 li. 
to John Thomesone or his wyfe, or how Clerk gatt pos- 
sessioun therof, he knowes not ; and depounes that Robert 
Clerk hes payit all the beir since his entrie except this yeir.' 
Thomas Bowstoun, elder, Eister Coatt there, depones 
* the roods is a part of the lands wodset, and that Robert 
Clerk lowsit the thrie ruids [sic] from Robert Maben, and 
that Robert Clerk payit all the beir yeirlie to John Thome- 
son except this yeir, and that a long tyme since Thomesone 
and Clerk did quyt uther befor Drygrange, William Hoy 
and James Bowstoun, and that Drygrange cast Thome- 



248 MELROSE REGALITY RECORDS 

sones pappers away to him.' James Bowstoun depones 
he knows nothing anent the pursuer or his father being in 
possession of the land, but that Robert Clerk and his father 
had the possession thereof, and he knows nothing as to 
redemption thereof from Robert Maben, but knows that 
Robert Clerk pays a peck of bear yearly ' and that it is 
all payit upon Stoupies wyffes acknowledging.' Richard 
Wricht depones he knows nothing. — Nota, the first two 
witnesses deponed 4th June 1659, James Bowstoun on 
25th, and Richard Wright on 9th July. The judge 
absolves the defender from the whole claim, and declares 
the rood and half to be to him conform to the wadset for 
yearly payment of the peck ' countrie mett beir ' and 
maintenance pro tanto. 

Clerk v. Complaint by Robert Clerk in Galtounesyde against 

John Thomesone there, as follows: — On 21st November 
1617 the deceased Andrew Clerk his father wadset to 
deceased Patrick Thomesone in Galtounsyde for 120 I. two 
acres of land, teindsheaves included, ' with haill mose muire 
wood and unwood gress pastureage and pertinents (except 
onlie the dovatt earth of the saidis lands and also except 
onlie ane ruid and half ane ruid of the said twa aikeris of 
land, wodsett to umquhill Robert Maben for the sowme of 
twentie twa punds).' The pursuer redeemed the rood and 
half, and by the provision in the contract his deceased 
father was to redeem the same before the two acres, and pay 
a peck of country mett bear yearly to the master and land- 
lord ; which accordingly has been paid, since the redemp- 
tion of the rood and half about 30 years ago, to the said 
' Johne Thomesone Stoupie,' but he has never yet received 
any discharges therefor, and the defender refuses to grant 
the same to him. Likewise the defender keeps in his 
possession ' the haill dovatt earth ' of the said two acres, 
these 30 years past, though excepted to the pursuer by 
the contract, the worth whereof is 20 s. Scots yearly, and 
he refuses to put the complainer in possession. Defender 
grants receipt of some bear, and denied the meddling 
('melling') with the dovat earth. Pursuer to prove 



CLERK v. THOMSON 249 

delivery of the bear. Charles Clerk depones ' he knowes 
nothing thairanent bot that quhen William Wricht, elder, 
had imployed him to cast 2000 dovatts Stoupie came to 
him and said thair wes two hundreth of them cast upon 
his part two yeirs since.' William Wricht in Galtounesyd 
depones ' he knowes the beir wes all delyverit be the 
persewar to John Thomesone, and Robert Clerk payes the 
cess for the thrie half ruids of land, and knowes nothing 
annent the dovats bot that Robert Clerk cast none this 
long tyme bygane.' John Dinant ' knowes nothing annent 
the payment of the beir nor dovatts bot that Johne 
Thomesone cast dovats upon the turff earth part.' Robert 
Myles ' knowes the beir is payit and that Johne Thomesone 
hes no ground to cast dovatts one but the twa aiker land's 
part, and that Johne Thomesone cast dovatts the last 
yeir.' Decerns the pursuer to have the dovat earth con- 
form to the right, and the defender to give him a discharge 
for the bear ; absolves Stoupie for casting bygone dovats 
and ordains him to desist from further intromission there- 
with. 

Melrose, 16th July 1659, G. Jackson 

Richard Dick in Ersiltoune sues William Davidsone in Dick v. 
Allaneschawes for 10 1. Scots as balance of a greater sum avi son " 
for certain bear bought from pursuer 18 years ago. De- 
fender denies all but 3 1. 10 s. and declares upon oath he 
bought three bolls of bear at 12 1. the boll and paid 32 1. 10 s. 
Decerns for 3 1. 10 s. with 13 s. 4 d. expenses, and absolves 
from the rest. 

Alexander Merser in Ersiltoun sues Thomas Blakie in Merser v. 
Eister Langlie for 31 1, as the price of ' certane maltis Blakie 
remaynes,' which after accounting at Martinmas last was 
acknowledged. Held as confessed, defender absent ; 
20 s. expenses. 

, John Halliewooll, portioner of Dernick, sues Thomas Haiiieweii v. 
Blakie in Eister Langlie, and Adam Darling in Westhouses, Blakle ■ 



250 



MELROSE REGALITY RECORDS 



Tullie v. 
Darling. 



Bulman v. 
Bryden. 



his cautioner, for 10 I. 13 s. 4 d. as the price of a boll of 
malt bought from him at Martinmas last, and payment pro- 
mised within eight days. Decerns on Darling's confession ; 
16 s. 8 d. expenses. 

Claim by James Tuillie in Ersiltoun on Margaret Dar- 
ling, widow in Apiltrieleives, for 28 I. Scots promised by 
her to him ' for his awin, his brother George and sister 
Margaret Tullies thair fies for scheiring to hir in harvest 
last,' and she promised to deliver him oats at 61. 6 s. 8d. 
the boll till the sum was paid, but refuses. Held as con- 
fessed, defender absent, 3d. diet ; 40 s. expenses. 

Complaint by Mr. Andrew Duncanson, minister at Max- 
toun, and Patrick Bulman, his tenant in Maxpople, against 
John Bryden in Lessudden, collector of the monthly 
assessment in the last collection, who on Friday 15 days 
past ' did lay one upon the said Patrick Bulmane twa 
Englishes for the monethlie asses dew by my Lord Cardrois 
out of Lessudden paroche, quherin the saids compleaners 
wer never in use of payment to the said Lord Cardrois 
bot payes the samene to the minister, naither wer they 
ever in use to pay any ces therfor, which trouperis poyndit 
ane web of lyning cloath and delyverit it to the said 
Johne Brydene, who deteines and keipes the same as yit 
in his custodie for xxv s. Scottis for the said deficiencie 
and for the trouperis ther awin paines.' This cloth he 
ought to deliver up, and be punished for such unjust 
dealing. — 9 July 1659, assigns defender next day to instruct 
his warrand for distressing these lands. — 16 July 1659. 
decerns to deliver the cloth, or 16 s. for each ell, * in 
respect of the not instructioun conforme to the last act.' 
Patrick Bulman depones the whole teind is payable to 
the minister and no surplus thereof to Lord Cardrois. 
George Haistie depones that John Ker draws the teind 
and pays the minister. 

Likewise James Stoddert in Cammeistoun sues John 
Bryden for 50 s. Scots exacted similarly from his tenants, 
William Sweitt, Andrew and Patrick Stoddert, and a 



BOWER v. BOWER 251 

covering poinded therefor. Decerns to deliver back the 
covering or 6 I. 

' And siclyk compleines George Haistie in Moxpople 
as the uther bill of Patrick Bulman his nichtbour. De- 
cernes ' ; 6 s. expenses. 

Complaint by John Bowar, Wester, portioner of Eildone, John Bower, 
against John Bowar, Eister, portioner there, who within i^hn'Bower 
the last week ' hes intrudit himselff in the persewaris Easter. 
ground betuixt his barne and peill thair, and hes biggit 
ane dyke of stounes and phaill thairupone,' wherefore he 
ought to be fined and the pursuer's right restored. — 4 June 
1659, the bailie ordains Richard Sclaitter in Eildon, Andrew 
Sclaiter in Newsteid, Robert Mein there, ' to pas and sicht 
the contraversie, and report the nixt court day.' — 24 June 
1659, they find the dyke built as stated between the peel 
and barn, and also another dyke of stone between John 
Bower, Easter, his kill and John Bower, Wester, his barn, 
also built on the latter's ground. — Decerns conform to the 
report, and meantime the committee to compear and 
depone. — 16 July 1659, the whole three who visited the 
controverted ground declare ' it appeares to be Johne 
Bowar, Westeris.' — Pursuer referred the claim to de- 
fender's oath, who refused and referred back to pursuer, 
who deponed that the ground whereon the dyke is built 
is his own heritage. Ordains defender to cast down the 
dyke and build it up within his own bounds (and if he fail, 
the pursuer is to cast it down and empty his ground of 
the stones), within 15 days under a penalty of 3 I. 6 s. 8 d. ; 
and fines the defender in 10 I. for his intrusion. 

Complaint by William Bell, portioner of Galtounsyde, Gaitonside v. 
William Hoy, portioner there, George Bertane there, and sundr y- 
Robert Halliewooll there, for themselves and in name of 
the remanent possessors and feuars of Galtonsyde, against 
Mr. James Daes of Craixiffoord, John Kyll, portioner 
there, James Lythgow of Drygrange, Isobel Lythgow of 
Sorrowlesfeild, James Eilleis of Huntliewood, portioner 
of Dainyeltoune, Mungo Donaldsone there, and Thomas 



252 MELROSE REGALITY RECORDS 

Lookeupe there, for themselves ' and the remanent pos- 
sessoris,' as follows : — In 1651 the complainers furnished 
out to the English that lay in Halliedain a feather bed, a 
bolster, two ' codis with cod wairds,' a pair of sheets, a 
pair of blankets, and a covering, all comprised by the 
comprisers in Galtonside to 50 merks, whereof the ' foir- 
named persones aucht to pay ane proportionall part con- 
forme to thair rent and James Lythgow and James Eilleis 
thair promeis in name of the rest theranent.' Third diet, 
held as confessed, each one to be stented conform to their 
proportion and free rent. ' This is the just stent sub- 
scryvit be Thomas Law then comissioner as he callis 
himselff of Melros paroche : Galtounesyde and West- 
houses, 9 lib. 12 s. ; Cleckmae, 6 lib. 8 [?]s. ; Sorrowles- 
feild, 5 li. 7 s. ; Craixiffoord, 2 li. 13 s. 4 d. ; Drygrange, 
8 li. 2 s. 4 d. ; Dainyeltoun, 1 li. 4 s. ; Summa, 33 lib. 6 s. 8 d. 
Sic subscribitur, Tho. Law.' 20 s. expenses. 

Milni/. Complaint by John Miln, elder, in Newtoune, against 

Mr. John Currie, portioner there, who most unjustly 
detains from him the minute of a heritable Disposition of 
his houses, yards, and others in Newtowne, disponed by the 
defender to him, also a former Wadset thereof by him to 
pursuer ; also he owes to the pursuer a bill of 7 1. 11 s. 4 d. 
Pursuer produced the Disposition following upon the said 
minute, with Instrument of Sasine given by the defender's 
own hands to him, and duly registered under the hand of 
Andrew Crombie, sheriff clerk of Roxburgh, keeper of the 
sasines ; also the copy of the Contract of Wadset granted 
by defender to the pursuer and Isobel Moffit his spouse, 
and instruments of possession following thereupon ; also 
the defender's ticket for the sum of money claimed. 
Defender compearing by Andrew Tunno, notary in Melrose, 
his procurator, gave in the following defences : — First, as 
to the detention of the Minute, the pursuer has no right 
thereto, ' becaus he hes consentit that the bargane maid 
be Mr. John Currie, defender, salbe null incais he keip 
bargane with Thomas Wair to whome the saids houses wer 
first disponit, as is evidentlie knowin to the said judge.' 



ACTION REGARDING A SALE 253 

Second, the pursuer has a subscribed contract of wadset, 
and defender cannot be obliged to give him that copy 
which pertains to himself. Third, as to the debt, the 
defender ' had the said sevin punds 11 s. allowit to him 
of what the persewar promised him for the heretabill 
richt of the houses and yairds specifeit in the clame.' 
The pursuer answers with regard to the annulling of the 
bargain that given such a condition the bargain ' aucht 
and sould have bein declairit to have bein null befor ane 
ordinar judge and the persewar lawfully summond to 
have defendit therintill,' and besides, the defender when 
subscribing the pursuer's evident faithfully promised and 
* protested many severall tymes ' never thereafter to sub- 
scribe any other securities to the said Thomas Vair to the 
prejudice of the pursuer, and promised to deliver up the 
minute upon demand, which the pursuer refers to defender's 
oath, as also the delivery of the first Contract of Wadset 
upon demand ; and as to the debt, he produces the de- 
fender's ticket therefor, ' which he wald not have had to 
schow incais the samene had bein allowit in the foirend 
of the pryce of the howsses.' The judge finds the answers 
relevant, and ordains defender to give his oath, and repels 
the defences. The defender replies to the first answer, 
that the pursuer has ipso facto declared the bargain void, 
by the subscription of George Wallace, notary, who sub- 
scribed the Minute for him whereby he declared that the 
bargain would be null if the defender kept bargain with 
Thomas Vair ; and he craves inspection of the ticket. 
Judge repels the replies and ordains defender to depone, 
who refuses, whereupon he is decerned to deliver the 
Minute and Wadset to the pursuer to be cancelled and 
destroyed, and to pay to him 71. 10 s. contained in the 
ticket produced. Against this decerniture Mr. John 
Currie protested in writing and asked act of court and 
instruments, ' which protestatioun the said baillie deput 
refuist to admitt in respect of the irrelivancie therof.' 
Expenses, 4 I. 

Claim by John Swanstoun, portioner of Bowdone. Swanston v. 

' Bulman. 



254 MELROSE REGALITY RECORDS 

against William Bulman, portioner of Newtowne, and 
Andrew Hietoun there, for his interest, as follows : — 
Hietoun owed 100 1. Scots to the complainer conform to his 
bond ; and he wadset to the deceased Stephen Bulman, 
father of the said William, a husbandland in Newtoune, 
when Stephen promised to pay Hietoun' s debt to the com- 
plainer, which Hietoun allowed Stephen in the fore end 
of the price of the husbandland. The said Stephen and 
William, or Bessie Coatt in their name, delivered to the 
pursuer 5 bolls of victual, being 4 bolls of oats with the 
fodder and one boll of pease with the fodder, which made 
up 100 merks of the claim, and about 5 or 6 years ago 
the complainer sued the said Stephen Bulman before the 
sheriff of Roxburgh for the 50 merks outstanding, and they 
submitted it to Thomas Wricht in Caldsheills (for Stephen's 
part) and John Greirsone in Midlam (for complainer's part) 
and Bailie Moscrope in Jedburgh to be oversman, and 
Stephen delivered to the complainer in part payment 4 1. 
Scots and promised the balance shortly thereafter, where- 
upon the complainer subscribed a discharge to him and left 
the same in Bailie Moscrope' s hand. William Bulman has 
since obtained possession of this discharge, but in what 
way Bailie Moscrope knows not, as his testificate bears ; 
and Bulman refuses to pay the balance of 50 merks less 4 1. 
— 4 June 1659, defender acknowledged the debt but alleged 
the same paid ; ordains him to prove payment. — 23 June 
1659, John Swanstoune is ordained to produce Thomas 
Wricht and John Greirsone. — 9 July 1659, John Greirsone 
in Midlame depones * that Johne Swanstoune acclamed 
fiftie merkis of Stephane Bulman, bot whither Stephane 
wes dew the samene he knowes not, and that he wes days- 
man for the persewar Johne Swanstoun, and Thomas 
Wricht for the uther, Stein Bulman, and that Stephane 
Bulman wald stand to nothing, bot delyverit foure punds 
Scottis, which wes left in Baillie Moscropes hand, and as 
he hard the said John Swanstoun received the four punds 
upon the morrow and knowes not upon quhat accompt, 
bot as he hard Johne Swanstoun say there wes no moir 
payit of the fiftie merkis acclamed bot that iiij lib., and 



ACTION REGARDING HORSES 255 

that it wes upon Baillie Moscrope his urgencie that the 
said Johne subscryvit the dischairge and not upon satis- 
factioun of the partie, and declaires that Baillie Moscrope 
did put up the discharge against the persewaris will.' 
Thomas Wricht depones ' that he hard John Swanstoun 
clame 50 merkis, bot declairit Stein wald give no moir 
with good will, and that the four punds wes left in the 
Baillie Moscropes, and that he hard John Swanstoun had 
received the iiij lib. bot knowes not upon quhat accompt, 
and that the dischairge wes left with Baillie Moscrope, 
and knowes nothing upon quhat accompt the defender 
William Bulman received the samene from him.' — 16 July 
1659, John Swanstoun, present, deponed there is 27 1. 
resting and that the 16 1, is for annualrent. Decerns 
therefor ; 48 s. expenses. 

Complaint by William Heriot in Uxstoun against John Heriot v. 
Pringill and James Rolmainhous in Blainslie, ' that quheras RouLlnhous. 
about Pasche 1658 yeires they having than wanting and 
raiked or stollin a yeir befor twa horses and heiring that 
they wanted the Laird of Hunthill being at the compleinaris 
house askitt at him who they wer that wanted the horse 
and he wald speir them, and the compleinar coming to 
Lawder and acquainting Johne Pringill he than in presence 
of sindrie famous witnesses promittit to him twa rex 
dolloris and carry his chairges incais the compleinar wald 
undertake and goe alongis to Hunthill with him, and 
incais it sould happen the horse to be thairis they both 
then promittit to delyver him each ane boll of aittis in 
■seidtyme last ; and the compleinar than haveing under- 
taiken to goe with them, and did goe with them, and the 
horse proveing thairs they received thair horse schortlie 
therefter,' yet they refuse to pay the two dollars and the 
oats or 9 I. as the price thereof, with 48 s. of expenses 
disbursed by the complainer for himself and them. — 9 July 
1659, deny claim ; admitted to pursuer's probation. — 
16 July 1659, Robert Hendersone, burgess of Lawder, 
depones ' the defenders promittit incais the persewar 
■could speir the horse to give him twa rex dollors, and 



256 



MELROSE REGALITY RECORDS 



farder incais the horse wes gottin againe thair wes some- 
thing conditioned bot he cannot be speciall theranent.' 
William Hall in Blainslie depones ' provyding the persewar 
speired the horse and went with them and did lett them 
sie the horse, the defenders sould have gevin him twa 
dolloris and twa bollis aittis at seid tyme, and that incais 
he speired not the horse and goe alongs with them and 
lett them sie them, he offerit and promittit to quyt all 
except his charges, and that he naither speiret the horse 
nor went any farder with them nor Jedburgh or Hunthill. 
Absolves defenders from all the claim except 48 s. Scots ; 
which was judicially paid to pursuer. 

Threipwood. Complaint by Archibald Moffitt, portioner of Threipwood, 
James Moffit, portioner there, William Moffit, portioner 
there, and Robert Rae there, against James Stoddert 
there, John Hall there, Robert Knycht there, who are 
guilty of the breach of an act of neighbourhood formerly 
ratified by the bailies of this judicatory ' anent the keiping 
of oversowme's upon the ground of Threipwood,' and other 
acts of neighbourhood therein mentioned, and ought to 
pay the fines therein contained. — 9 July 1659, probation. — 
16 July 1659, the bailie interpones his decreet and author' 
ity to the old act, and ordains James Moffit to instruct 
what oversooms are pastured on the ground, ' and ordaines 
to stent upon the twelff day of Junii [sic], and als that no 
horse be pasturit upon the ground of Threipwood bot 14> 
horse.' 



Robson. 



William Robsone in Lessudden finds James Young in 
Newhall cautioner in 100 merks ' and that quhill this day 
fyfteine dayes, not to trouble the Patounes under the pain 
foirsaid,' and then he is to present another cautioner. 



Maben v. 
Merser. 



Melrose, 22 October 1659, G. Jackson 

Complaint by John Mabene in Cobilhous against Thomas 
Merser in Langlie, who in the fore end of May last borrowed 
from him a mare for ' ane yocking,' which he detained and 



ANOTHER HORSE CASE 257 

wrought five days, though he promised at borrowing to 
deliver it back the same day ; ' which meir he did put 
into ane punfauld efter he had wrocht hir,. and thaireftir 
he put hir into ane hous of his awin and keiped hir thair 
twa dayes and twa nichtis without meat, therefter put hir 
forth, and sensyne sho is dead, pryce and worth therof 
xxiiij lib. ' ; and this he ought to pay, and 8 s. per day since, 
as damage sustained by the complainer in want of the 
mare. Defender denied, pursuer offered to prove. George 
Cowpar depones ' he hard by report of the towne the beast 
wes 48 houris in the house and that wes the occasioun of 
the death of the meir.' Adam Darling depones ' he hard 
by report of the towne the beast wes 24 houris and by 
uthers 48 houris keiped in the hous and as he hard sho 
came neveir by the heidles croce dyke efter the comeing 
out of the house.' John Leirmouth depones ' the persewar 
lent the meir, but how scho came home, he knowes not, 
and that he poyndit the meir and keipt hir 48 houris in 
the house and that sho eat litle or none therefter.' The 
judge ' finds this cleirlie provin and decernes conforme,' 
but ' thinking that he cannott modifie the pryce of the 
beast lybellit becaus he knowes not the aige, abilitie and 
worth thairof, does thairfor ordaine William Bell, William 
Hoy, Robert Freir and James Bowstoun or onie twa of them 
to modifie the pryce of the meir according to thair know- 
ledge, and report in writt under thair hands. Sic sub., 
G. Jackson. — Sir, wee have tain the advyse of other men nor 
our selffes and wee have sett John Mabens meir to sex punds 
13 s. 4 d. for the pryce thairof, and for the lose of the work 
thairof wee refer that to your owne selff. Sic subscribitur, 
James Bowstoun, Wm. Hoy.' The judge modifies 9 1. for 
the whole, with 24 s. expenses [of extracting]. 

Claim by Marion Thin, daughter and executrix to Thin and 
deceased John Thin, portioner of Blainslie, and Edward Thi™*"" 5 *" 
Romanus her spouse, for his interest, who both on 30 April 
1659 obtained decreet before the commissary of Roxburgh 
against John Thin, oy and heir to deceased John Thin his 
goodsir, ' making mentioun that quhair the said John Thin 



258 



MELROSE REGALITY RECORDS 



his sone [sic] is justlie adebtit to the persewaris the sowme 
of sex bollis of victuall half meill half beir conteinet in the 
confirmet Testament of the said umquhill Johne Thin 
was payable be the said deceist Johne Thin his sone [sic], 
father to the defender [sic], for the cropt 1652, and wes 
therby decernit to pay the samene to victuall or monie 
conforme to the liquidatioun 1652, with 4 li. of expenses,' 
and they desired the bailie's decreet to be interponed to 
the former ; which is done. 



Alexander v. 
Bellenden. 



' 12 November 1659 ' 

William Bellendain in Allaneschawes owed Anthony 
Murray 28 1. 12 s. Scots as the balance of his rent of 
Ladopmure, and the latter owed George Alexander in 
Moshouses the like sum, and by his precept, dated 20th 
July 1659, directed Bellenden to pay to Alexander, but 
he refuses. Decerns on production of the precept and 
account, with 26 s. 8 d. expenses. [In margin :] ' Ex- 
tracted ?] to George Alexander 10 Junii [?] 1665, and con- 
fessed he had receaved 14 lib. of it from William Wilsone 
in Longhauch.' [Part of a duplicate Extract is here inserted 
between the leaves.] 



Wilson v. 
Bichet. 



Melrose, 26th November 1659 

Thomas Wilsone, mason in Galtounesyde, sues John 
Bichet there for 3 1. 4 s. Scots, payable last Whitsunday. 
Decerns on pursuer's oath. 



Freir v. 
Paterson. 



Melrose, 10th December 1659, Gideon Jackson 

Complaint „by Margaret Freir, widow in Galtounesyde, 
' lawfull sister one the motheris syde ' to deceased Isobel 
Uschar, widow in Blainslie, and consequently nearest of kin 
to her, and executor dative, against George Patersone, 
weaver in Blainslie, who at defunct's death in November 
last was owing her 20 1. Scots and 30 ells ' of harden round 
and small wairpit be hir with him long befor hir deceis,' 
but he refuses to pay and deliver the same to pursuer, to 



ACTION REGARDING CLOTH 259 

whom it was bequeathed by the defunct in presence of 
witnesses, and Paterson gave her his hand in token of 
promise. Pursuer and defender compeared, and also 
Nicol Darling, sister's son on the mother's side to the 
defunct, who pretended right to the money and cloth and 
had arrested the same in Paterson' s hands till it was made 
clear to whom it belonged. Defender granted the debt, 
the legacy and the compact in favour of the pursuer, and, 
of consent of the said Nicol Darling, gave his oath there- 
upon. Decerns him to deliver the money and cloth to 
the pursuer ; 33 s. 4 d. expenses. 

Alexander Haistie in Ersiltoune sues William Cairncroce Hastie v. 
of Allaneschawes for 3 L as balance of ' ane harvest fie for Cairncross ' 
scheiring fyve or sex yeires since or therby, quherof he 
promittit him payment one Monday last.' Held as con- 
fessed, defender absent ; 10 s. 8 d. expenses. 

James Bowar, servitor to Alexander Uschar in Melros, Bowar z>. 
sues James Bowar, portioner of Eildon, for 5 1. 12 s. Scots 
promised last Martinmas. Held as confessed. 

Melrose, 24th December 1659 

Complaint by William Fischer, portioner of Eister Fisher v, 
Langlie, against Patrick Blakie in Calfhill, and William 
Scott there, who by their bestial in 1657 ate and destroyed 
to him three bolls of oats, Roxburgh measure, with the 
fodder, comprised by John Hall and Adam Hislope. John 
Hall declared that Patrick Blakie agreed with William 
Fischer for six small fulls of oats, and William Scott for 3 1., 
" at Merche and Witso[nday] 1657.' Decerns ' oattis for 
oattis ex. [sic] against Pa[trick] Blakie; expenses xiij s. 4 d.' 

Robert Pringill of Blindlie is ordained to pay to John, Earl of Had- 
Earl of Hadintoune, his Martinmas term's maill and duty BiiifdHe."' 
of the lands of Westhouses, viz. Martimas 1659. Sum- 
moned by Alexander Uschar and not compearing, was 
held as confessed. 



260 



MELROSE REGALITY RECORDS 



Ridford v. 
Archibald. 



Dawson v. 
Steirisone. 



Watson v, 

Lidderdaill. 



Cairncross v. 
Notman ' and 
his wyffe. 



Sunhous v. 
Thin. 



Complaint by Thomas Ridfoord in Melros against 
James Archibald in Lessudden, for whom in November last 
he became cautioner to John George, collector of the 
excise from 1st August 1658 to 1st June 1659, for payment 
of what was owing, and he has paid 19 1. 6 s. 8 d, Scots,, 
and the collector on 10th December granted him assigna- 
tion and power to pursue for recovery of his relief conform, 
to the 29th and 32d articles of the statute made there- 
anent ; but the said James Archibald will not relieve 
him. Pursuer confessed he received from the defender's- 
wife 5 1. 'beat' 8 d. Extracted] for the rest; 24 s, 
expenses. 

John Dawsone in Craixiffoord sues Janet Steinsone in 
Craixiffoord for 40 s. Scots ' for harrowing, mucking, - and 
plaiding.' Decerns ; 6 s. 8 d. expenses. 

Thomas Watsone in Clackmae sues James Lidderdain 
[sic] in Kaidslie for 34 I. Scots as the agreed-on price of 4 
bolls of seed oats bought from complainer in oat seed time 
last. Decerns as confessed, defender absent ; 36 s.. 
expenses. 

William Cairncroce of Allaneshawes at the desire of 
John Notman in Longschaw became his cautioner for pay- 
ment to John Oldcorne in Kelso of a boll of pease at 20 
merks, and paid the same, but cannot get his relief, and 
he also owes the pursuer 4 merks as the balance of the 
price of a cow bought 3 years ago. Held as confessed,, 
defender absent ; expenses, 24 s, 

James Sunhous in Blainslie sues John Thin there for 
12 I. Scots of fee, six quarters of ' gray,' a pair of ' schankis ' 
and a pair of shoes, of bounty, for half a year's service 
from Whitsunday to Martinmas last. Defender alleged the 
complainer served about six weeks, and referred to his oath 
whether he was willing to enter back. Pursuer deponed 
he offered himself back to the defender's father, who-, 
refused to accept of it. The judge modifies 8 I. in full of 
all ; absolves from the rest. 13 s. 4 d. expenses. 



SUNDRY DECREETS 201 

Marion Scott in Galtounesyde sues Thomas Bowston, Scott ». 
■Called Duckdub, there, for 34 L Scots partly borrowed and Boston 
partly for bear bought from her. Decerns as confessed, 
-defender absent ; 33 s. 4 d. expenses. 

James Mein, son of deceased John Mein, portioner of Mein v. 
<Newsteid, sues John Andersone, portioner of Ridpeth, for sun ry " 
22 s. Scots of borrowed money. Decerns. Also James Mein, 
smith in Newsteid, detains from him an Obligation by 
Mungo Donaldsone in Melrois to Janet Bunyie his spouse 
for 100 merks and interest, which bond was deposited in 
this hand by the pursuer's and defender's consent till some 
years' interest acclaimed was cleared. Decerns to deliver 
up the bond. 

John Mein, son of Robert [Mein] in Newsteid, sues Mein v. 
Bartle Walker in Melrois for 8 1. for half a boll of pease sundry - 
bought in summer last to be paid at Lammas. Decerns 
as confessed. He also claims 15 1. Scots from Andrew 
Merser, ' Peele ' in Dernicke, for a boll of bear bought 
them, to be paid at Michaelmas. Held as confessed, 
defender absent. 



Melrose, 7th January 1660, Gideon Jackson 
James Mein, son of deceased John Mein, portioner of New- Mein v. 

Blakie 

steid, sues Mark Blakie in Melrois for 24 1. 7 s. 8 d. as the 
agreed-on price of some sheep bought from the complainer 
at and before Martinmas last. Decerns conform ; 20 s. 
expenses. 

Claim by William Cranstoune of Huntliewoode and of Cranston v. 
the Roane in Blainslie, against James Rolmanus in Blains- j a mes ? Roi- n 
lie, his tenant, who owes him 46 1. Scots as the agreed-on manus. 
price of four bolls ferm meal bought from the complainer 
and to be paid at Candlemas next. Defender granted the 
debt. Decerns, reserving extract till Candlemas next. 
Also he sues Robert Davidsone there, his tenant, for 4 bolls 
of bear, Melrose measure, for the ferm and duty of his 



262 



MELROSE REGALITY RECORDS 



lands in Blainsly possessed by him, payable between 
Yule last and Candlemas next, which is refused, ' and 
farder the said Robert Davidsone aucht to be lyable to- 
the penaltie of thrie hundreth merkis for the stopping the 
compleiner in the receiveing of the said victuall conforme 
to the contract past betuixt Blindlie and him annent the 
saill of the lands.' Defender alleged he delivered to- 
James Donaldsone six meikle fulls of bear, which pursuer 
denied. Decerns to deliver the bear, allowing the cess 
since Whitsunday 1659 ; expenses of each, 4 merks. 



Dewar v. 

Scott. 



George Dewar in Eisterlanglie sues William Scott in 
Allaneschawes for 12 1. 8 s. Scots borrowed from corn- 
plainer 4 or 5 years ago. Held as confessed, defender 
absent ; 20 s. expenses. 



Mein v. 
sundry. 



John Mein, mason in Newsteid, sues William Edgar in 
Melros and Thomas Lookeupe, wright there, for 4 1. Scots 
' for beating of the watter-wall.' Decerns on Edgar's 
confession ; 1 3 s. 4 d. expenses. 



Penman v. 
Waugh. 



Andrew Penman in Melrois sues James Wauch there for 
3 1. * for ane syde of beiff ' bought 2 years ago, and 32 s. 
owing by William Wallace, weaver, for meal. Decerns as 
confessed ; 13 s. 4 d. of expenses. 



Darling v, 
Fisher. 



Peter Darling, servitor to William Fischer in Dernick^ 
sues Thomas Merser in Eister Langlie, for 4 1. 2 s., and a 
pair of shoes in bounty, due for half a year's service. 
Defender granted ; decerns for 4 I. 12 s. for all ; expenses, 
13 s. 4 d. 



Stoddart v. 
sundry. 



James Stoddert of Cameistoun, portioner of Lessuddene, 
sues Andrew Unes in Lessudden for 1 boll 2 firlote ferme 
bear, crop 1655, price , 1 boll 2 firlots at 8 1. the boll, 

crop 1656, is 12 1., 1 boll 2 firlots at 7 1. 10 s. the boll, 
crop 1657, is 11 1. 5 s., and 1 boll at 10 1. 11 s., crop 1658, 
his cess being allowed ; also John Fairbairne there rests 
13 1. 11 s. ; John Cochrane there rests 25 1. 5 s. 6 d. ; David 



ACTION REGARDING TEINDS 263 

Unes there rests 20 t. 10 s. ; John Unes called ' Great,' 
17 1. ; James Huntar there rests 16 1., his cess to be 
allowed. Decerns, ' reserveand just compt and reckoning.' 

John Thin in Blainslie sues James Sunhous there for Thin v. 
4 merks as price of a full of bear bought at Lammas. un ous ' 
Decerns on defender's confession. 

William Speiding, smith in Galloscheills, sues Thomas Merser^. 
Merser in Eister Longlie, for 30 1. Scots as balance of seed s P eidin s- 
bear bought from the complainer in bear seed time last, 
to be paid at Martinmas. Defender denies, referred to 
his oath, who this day depones ' he naither received the 
beir naither promittit payment ; bot grantit fyve merkis. — 
Absolves and decernes ut supra' 

Melrose, 21st January 1660, G. Jackson 

Robert Mein, elder, mason in Newsteid, sues Andrew Decreet, Mein 
Riddell, portioner of Lessudden, for a boll of bear bought v ' 
and paid for by the complainer in 1648, and yet undelivered, 
for which he claims 20 merks. ' Ex [penses of] extracting] 
13 s. 4 d.' 

Complaint by John Thin in Blainslie against John Not- Norman », 
man, miller at Longschaw, and Isobel Smyth his spouse, in 
in respect that ' at Lambes last the compleinar having 
certane schilling grinding at the said miln of Longschaw 
and payit the whole multor knaveschip and uther dewtie 
therfor, trew it is that the said Issobel Smyth causit hir 
miliar to tak thrie half furlotts of schilling for the alledgit 
multor of nyne bolls of aitts sauld be him at Mertymes 
1658 to pay the lairds teind,' the three half firlots extending 
to a half boll of meal, worth 11 1., which she and her hus- 
band ought to pay. Defenders grant the claim ; ordained 
to produce the Laird's warrant. — 21 January 1660, ordains 
pursuer to depone that the oats were sold to pay the Laird's 
teind, and that the Laird received the same money. Both 
parties refer this absolutely to the bailie, at whose decision 
they will abide. The bailie absolves the defender. 



264 



MELROSE REGALITY RECORDS 



Haitlie and 
Tait v. Blakie. 



George Haitlie in Huntliewood sues Thomas Blakie in 
Longlie for 44 s.for a stack of peats ; and Thomas. Taitt 
sues him for 45 s. for a stack of peats. Decerns for both ; 
12 s. expenses. 



Sunhousn. James Sunhous in Blainslie complains against John 

Notman in Longschaw and Isobel Smyth his spouse, in 
respect the said Isobel at her own hand poinded and keeps 
up from him a boll of oatmeal and a firlot of ' schilling,' 
and will not allow him to take away the same from the 
mill ; although he has paid the multure. Ordains to 
deliver the victual, and the pursuer [sic] to pursue for 
any abstracted multure. 



Bowie v. 
Olipher. 



Thomas Bowie, multurer in Melros, sues Andrew Olipher, 
cordiner in Dernick, who bought from him a year past on 
Martinmas ' four barkit oxin and kyne hydis ' at 24 1. 
Scots and still owes thereof 6 1. 10 s. Defender grants the 
balance, but alleges he delivered a pair of shoes worth 
24 s., children's shoes worth 40 s., and a pair of ' schoes 
bordering,' worth 16 s., and depones all is paid but 50 s. 
Decerns for that, and absolves from the rest. 



Henderson v. 
Turner. 



Marion Hendersone in Longschaw sues James Turner 
there for half a firlot of ' bounteth aittmeill ' for shearing 
in harvest last, price 50 s. ' Mair he sett to me ane haill 
house and deteinet fra me the half therof,' for which he 
should pay 5 merks or allow the same. Modifies 40 s. for 
the meal and 20 s. for the house. 



Davidson v. 
Gray. 



John Gray in Selkirk sues Robert Davidsone in Blainslie 
for 5 1. Scots of fee and a meikle full of bear as bounty, 
for shearing in harvest last. Defender denies, and being 
put on oath depones he promised neither fee nor bounty, 
' but that he enterit to try himselff twa half dayes.' 
Absolves. 



Turner v. 
Henderson. 



James Turner in Longschaw sues Marion Henderson 
there for 41. Is. for a firlot of oatmeal .bought before 



SUNDRY DECREETS 265 

Xammas last, and 20 s. for work* Decerns for the meal ; 
' the rest quatt.' 

Anthony Murray, brother german of William Murray Murray v. 
of Newtowne, sues Mr. William Duiguid, minister of the ulgwl ' 
gospel, portioner of Apiltrieleives, for 12 1. Scots, payable 
at Lammas 1659 conform to his ticket dated 14 March 
1659. Decerns, with 20 s. of expenses. 

William Andersone, merchant in Melros, complains that Fisher v. 
John Fischer of Westerhousebyre, in whose hands the sum 
of 8 I. of borrowed money due to complainer by Walter 
Hall, Fisher's servant, was arrested, will not make the 
same forthcoming, Fisher being due the same to his servant 
for fees. Fisher desires pursuer's oath of calumny and 
that the debt is due. Pursuer depones ; and the defender 
depones he was owing nothing at the time of the arrest- 
ment. Absolves. 

John Notman, miller at Longschaw, sues John Thin in Thin v. 
Blainslie for the multure, etc., of 13 bolls of oats, crop 
1658, diverted from the mill. Absolves defender on his 
oath. 

Melrose, 4th February 1660, G. Jackson 
Claim by John Halliewooll, portioner of Galtounesyde, Haiiiewoii ». 
against Thomas Merser in Eister Longlie, who in the fore 
end of December last sold to him 5 bolls and half a firlot 
of bear, to be delivered at Yule, which is not yet delivered, 
and he ought so to do or pay 9 I. per boll. Ordered to 
pay the bear or 8 I. 4 s. the boll, with 48 s. expenses. 

John Mein, smith in Ridpeth, sues William Hunter Mem v. 
there for 6 1. for smith work wrought 3 years ago and Hunter - 
reckoned at Whitsunday last. Held as confessed ; 13 s. 4d. 
of expenses. 

James Mertoun, younger, in Brigend, sues George Merser, Mcrtoun ». 
younger, in Dernick, weaver, for 4 1. Scots for a firlot of Merser - 



266 



MELROSE REGALITY RECORDS 



oatmeal bought at Candlemas 1659, to be paid at Whit- 
sunday last. Decerns as confessed. 



Donaldson v. 
Notm,an. 



James Donaldsone in Blainslie sues Thomas Notman 
in Moshouses for 40 s. Scots for meat, drink, etc. Decerns 
as confessed. 



Speiding v. 
Merser. 



Decerns James Merser in Galtounsyde to pay to William 
Speiding, smith in Gallowscheills, 40 merles as balance of 
' the f orsaid beir allegit bocht and received be Thomas 
Merser from him conforme to the clame quherof he is 
absolvit upon his oath the preceiding court except onlie 
fyve merkis grantit be him of his awin confession ' ; 
expenses of James Merser, 26 s. 8 d., Thomas Merser, 
10 s. 8 d. 



Dawson v. 
Steinson. 



Janet Steinsone in Craixiffoord sues John Dawsone 
there for 10 s. ' for the pryce of ane syth thrie yeirs since ; 
item, mair for half ane peck of oatmeill and beirmeill, 
pryce of the copfull aitmeill iiij s., beirmeill iij s. ; ane 
dayes hether pulling, iiij s.' Absolves defender on his 
oath. 



Rodger v. 
sundry. 



James Rodger, portioner of Ridpeth, sues Andrew Cairn- 
cros and George Bell, portioners there, the former for 
8 1. 9 s. 8 d. partly borrowed and partly for furnishing 
within the past year, and the latter for 2 I. 9 s. 6 d. for the 
quarters of Englishmen about ' Skristhursday last.' Cairn- 
crose held as confessed, being absent ; Bell present, decerns 
for all except 17 s. referred to pursuer's oath. 



Ker v. Cairn- 
cross. 



Gillian Ker, wife of John Ker of Preistoun, sues Andrew 
Cairncroce of Westerlonglie and Wolplaw, for 61. 4 s. for 
the rent of a house in Hilslope wherein his deceased 
brother Robert dwelt in 1659, whereof the said Andrew 
promised payment, at least Marion Kairter in his name. 
Defender denies, desires pursuer's oath of calumny. Both 
parties refer this to the bailie, who decerns for 4 1. in com- 
pensation of all. 



A PROPHAINE SCANDALOUS WOMAN 267 

Isobel Bowar in Melros sues Thomas Mar, portioner there, Bowar v. Mar. 
for 20 s. due to her for oats. Janet Gay confesses, and 
alleges the pursuer received straw therefor. Absolves [sic] 
and ordains to pay 4 s. 6 d. Paid judicially. 

Decerns George Alexander in Moshouses to pay to the Earl of Had. 
Earl of Hadintoun 37 I. 4 s. 4 d. for the feu-duty of Mos- sundry? "' 
housses for Whitsunday and Martinmas 1659 conform to 
his promise ; Andrew Pringille in Halkburn to pay for 
Mr. William Wallace's feu-duty, Whitsunday and Martin- 
mas 1659, 25 1. 9 s. ; George Pringill of Buckholme for his 
feu and tack duty of Buckholme and within the precinct 
of Melros, Whitsunday and Martinmas 1658 and 1659, 
64 I. with 5 merks of expenses ; Andrew Darling, younger, 
in Apiltrieleives, for his feu and teind duty, Whitsunday 
and Martinmas 1659, crop 1659, 45 I. 6 s. 8 d. ; John 
Frater, younger, there, for his feu and teind, same terms, 
7 I. 11 s. 2 d. ; James and Archibald Moffat in Threip- 
wood, ' passis them.' 

' Seing that Barbara Ker, that prophaine scandalous Act against 
woman, hes againe escaiped out of this prisone where scho ar ara er * 
hes bein keipt for a long tyme bygane, these ar thairfore 
to dischairge all the inhabitants within this paroche of 
Melrois to recept the said Barbara Ker in thair housses 
either be nicht or be day at any tyme heirefter, and that 
under the pain of fiftie punds by and attour the imprison- 
ment of the recepteris persones duiring the space of aucht 
dayes, and if the said Barbara salbe receipt be any persone 
within the said paroche and salbe apprehendit and put out 
be onie of thair nichtbouris who sail recept hir as said is, 
the one half of the said fiftie punds to be payit be hir 
receipteris salbe gevin to these who dois apprehend hir 
or put hir out to the baillie, and the uther half salbe taken 
and upliftit from hir recepteris without defalcatioun and 
applyit for the use of the poore of this paroche ; and 
ordaines Alexander Uscher, officer, to mak intimatioun 
heirof at the mercatt croce of Melros to the effect that 
none may pretend ignorance heirof. Sic [subscribitur],. G. 



268 MELROSE REGALITY RECORDS 

Jacksone.' — ' 4 Febrii 1660, red oppinlie in presence of the 
whole court conveinet within the tolbuith, and presentlie 
thairefter red at the mercat croce of Melros be Alexander 
[Uschar], officer undersubscriveand ; witnesses within the 
tolbuith, George Alexander in Moshouses, George Bell, 
portioner of Ridpeth, Andro Phaupe in Melros, John 
Bunyie in Newsteid ; and at the mercatt croce of Melros, 
George Mertoun, tailyeor in Melros, Johne Coutt in 
Lessudden, with sindrie utheris conveinet therat. Sic 
subscribitur, Alex 1 Uschar, officer.' 

Act, Newstead Complaint by Robert Mein, Robert Trotter, James 
v. sun ry. ]M[ e iii, and James Merser, for themselves and in name of 
the other f euars of Newsteid, against the whole inhabitants 
of the towns of Newtoune, Eildon, Dainyeltoun, and 
Melros, who ' cuttis, houckis, away leids, carries and takes 
the Newsteid quhines off and from the hill ground and 
lands of Newsteid,' to the great prejudice of the feuars 
and inhabitants of Newsteid, and they intend still to con- 
tinue this invasion. An act is craved imposing penalties, 
half to be paid to the bailie and half to the complainers. 
The bailie enacts that whoever in the foresaid towns either 
privately or publictly by night or day cuts and takes away 
whin from the foresaid ground shall be liable to a fine of 
40 s. Scots for each offence ; this act to be published at the 
market cross of Melrose on Saturday next, being the 
market day, ' and be the officeris of each one of the saidis 
respective townes to the inhabitants thairof.' 

Melrose, 11 February 1660, ' head court,' G. Jackson 

Watson v. Complaint by Thomas Watsone in Cleckmae against 

Thomas Caldcleuch in Blainslie and Marion Fogo his cau- 
tioner, in respect that on 9 October last Caldcleuch sold to 
him two bolls of sufficient seed oats ' of the best that grew 
one Thomas Lythgowes land,' which he paid fully, and the 
defender found Marion Fogo cautioner for delivery thereof 
in seed time or whenever he required the same ; but they 
refuse. Defender absent, decerns to deliver the oats, or 
9 1. for the boll. 



Caldcleuch. 



ACTION FOR SOLDIER'S FEE 269 

John Ker of Preiston sues James Mein of Wester Longlie, Mein v. Ker. 
' mentioning quheras in anno 1650 he being put out so jour 
be James Lythgow then baillie of this regalite to the 
compliner being then Captain lieutennent, at quhat tyme 
he returned bak from Leith heir and imployed my father- 
in-law to cum in to Leith and deall with the complainer 
to hyre ane sojor for him to put in place of himselff, which 
accordinglie he did, and thairefter the compliner directit 
his father-in-law to agrie with him, which he also did, at 
the Lindein, and at the Michaelmes efter Dumbar in a 
yaird in Galloscheills the said James Mein faithfullie pro- 
mittit him payment of fourscoir punds of fie befor his 
dochter, the compleiners spous, and sindrie uther companie 
thair present, with twa stounes of cheis of bounteth,' all 
which he refers to James Mein's oath. — 4 February 1660, 
defender takes his oath to avisandum. — 11 February 1660, 
declares upon oath ' he maid no pactioun with the persewar 
naither privatlie nor publictly, naither did he ever imploy 
Robert Ker to deall with his sone-in-law for hyreing of ane 
sojour, and that he was never inrollit, as he sould answer 
to God.' Absolves. 



Melrose, 25 February 1660, Gideon Jackson 

Complaint by Andrew Smyth, burgess of Lawder, against Smith v. Cald- 
Thomas Caldcleugh in Blainslie, who about Martinmas last c eug " 
sold to him six bolls of good and sufficient ' inland aittis,' 
Blainslie measure, counting 5 meikle fulls to the boll, to be 
delivered about Yule thereafter, but he delivered only 
three bolls, and refuses the rest, though the first three are 
fully paid and he received 9 1. 14 s. in the fore end of pay- 
ment of the other three. He ought to deliver the bolls 
of oats or 11 1. for each boll. Defender compearing per- 
sonally, and pursuer compearing by William Smyth, his 
son, the claim found relevant and admitted to pursuer's 
probation. George Alexander in Moshouses, married, 
23 years of age, depones ' he wes in companie with the 
persewar and defender at Lauder quhair they wer speiking 
about the selling and buying of sex bollis aittis, but they 



270 



MELROSE REGALITY RECORDS 



made no bargane at that tyme in his presence, and that 
twa or thrie yeirs [but seems altered to daeis] therefter 
Thomas Caldcleuche being comeing from Galloscheills the 
depouner askit at him gif he had maid the bargane with 
Andro Smyth and that he said he had maid it and that 
the pryce of the boll of aitts wes vj li. vj s. 8 d., bot did 
not tell him whither he had receaved the monie or not.' 
James Caldcleuch, brother of the defender, unmarried, 
50 years, depones ' he hard his brother say that he had 
sauld sex bolls of aitts to compleit the sowme conteinet in 
ane band grantit be him to the persewar, and knowes 
nocht ells.' The bailie granted commission on 25 February 
to the bailies of Lawder to take the deposition of Andrew 
Smyth, burgess of Lauder, whose inability to travel 
hither was represented by his son, anent what was paid 
by him and what is undelivered. Court held at Lauder, 
in the tolbooth, last of February 1660, by Thomas Wood 
and John Maitland, bailies of the said burgh, Andrew 
Smyth deponed he gave to Caldcleugh in part payment 
of the oats yet undelivered 9 I. 14 s. Scots. Written by 
John Murray, town clerk. — The bailie ordains the de- 
fender to deliver the rest of the oats to the pursuer, the 
latter always paying the balance of the price agreed on ; 
expenses, 40 s. 



Freir v. 
Duguid. 



Melrose, 10th March 1660, G. Jackson 

Robert Freir in Galloscheills sues Mr. William Duguid, 
minister, portioner of Apiltrieleives, for 11 1. 15 s. for flesh 
bought by him and his wife in 1659, to be paid at Handsel- 
monday last. Held as confessed, defender absent; 13 s. 4 d. 
expenses. 



Wright v. 
Vair. 



Thomas Wricht in Coldscheills sues Thomas Vair, smith 
in Newtowne, for 10 I. 6 s. as balance of price of a ' naig ' 
bought from complainer last Whitsunday. Pursuer grants 
receipt of 31. 6 s. Decerns for the rest ; 13 s. 4 d. 
expenses. 



ACTION FOR REMOVING 271 

James Wallace, portioner of Melros, sues Mr. John Wallace *. 
Currie there, for 14 1. Scots conform to his ticket, for sundry Curne - 
necessaries furnished by complainer to him. Decerns ; 
20 s. expenses. 

Thomas Lookeupe, wright, portioner of Melrose, having Lookup v. 
power and commission from Robert Wauch, heritor of Wauch - 
these houses and yards within the precinct of Melrose, 
complains against James Wauch there, his brother-in-law, 
' who dois most maisterfullie and violentlie posses ane 
house and the half of the yaird pertening therto and will 
onnawayes flitt and remove himselff furth thairof albeit 
he hes severall tymes desyrit him to doe the samene con- 
forme to the commissioun grantit to him be the said 
Robert Wauch for setting of the same and removeing of 
the said James Wauch,' dated 9th May 1656, produced. 
Also he has wrongfully intromitted with and taken away 
* ane schood kairt ' worth 10 merks, ' ane caldron cruik ' 
worth 40 s.. ' ane plenisched bed with fedderis, bolsteris, 
codis, scheitts, blanketts, coverings, mads, courtings, and 
utheris belonging to a plenisched bed,' worth 20 1. — 
10th March 1660, ordains James Wauch ' to satle and tak 
the houses from Thomas Lookeupe betuixt and this day 
xx dayes, quherin give he faillie to provyde for himselff at 
Witsonday nixt ' ; and ordains pursuer to prove the last 
part of the claim. 

James Turner in Burlands sues Thomas Redfoord in Turner v. 
Melros for 25 1. 3 s. Scots as the agreed-on price of a load Ridfoord - 
of oats and three firlots of bear bought from the complainer 
in March 1659, to be paid at Whitsunday thereafter. De- 
cerns on defender's confession ; 24 s. expenses. 

William Fischer, third lawful son of deceased Alexander Fisher v. 
Fischer of Sorrowlesfeild, sues James Bowstoun, portioner Hoyf " a " 
of Galtounesyd, and William Hoy, portioner there, his 
cautioner, for 771. Scots as the balance of a greater sum con- 
tained in their bond, with 2 \ years' interest at Whitsunday 
next, conform to precept raised on the bond on 8th August 



272 



MELROSE REGALITY RECORDS 



Bowie v. 
Welsh. 



1654, registered in the sheriff books of Roxburgh, and of 
which sum Isobel Lythgow, his mother, tutrix and ad- 
ministratrix, has often asked payment. Decerns on pro- 
duction of the bond, defender absent ; and judge interpones 
authority to the precept for payment of principal and the 
interest bygone and to come. 

Thomas Bowie, multurer of Melrois mills, sues Thomas 
Vailsh in Newsteid, for 4 1. 10 s. as the price of a firlot of 
oatmeal, payable at Martinmas 1658. Held as confessed ; 
10 s. expenses. 



Decreet, stobo John Stobo in Symingtoun sues John Leyes in Whitlie 
v. Leyes. f or 3 \ as balance of fees due to him for service wrought 
three years ago. Expenses, 10 s. 



Pringle v. 
Currie. 



Brodsie v. 
Leyes and 

Laidlaw. 



John Pringill of Williamlaw sues Mr. John Currie, por- 
tioner of Newtoune, for 40 merks as a year's rent and duty 
of the houses, yards, and others set in tack to him by the 
tutors of Mr. Michael and Helen Wallace, lawful children 
of deceased William Wallace, notary in Melrose, lying in the 
town of Melrois, and set back again by him to the said Mr. 
John from Whitsunday 1658 to Whitsunday 1659, con- 
form to Letter of Tack dated 29th March 1658, which 
tack duty was payable at Martinmas and Whitsunday 
now long bypast. Decerns as confessed ; 40 s. expenses. 

Complaint by John Notman, miller in Langschaw, 
against Thomas Laidlaw in Williamlaw, for abstracting 
the multure, etc., of 8 bolls of oats, last crop ; William 
Laidlaw for the same (who grants 8 bolls ' both for his 
father and him) ; John Leyes in Whitlie the multure, etc., 
of 15 bolls of oats and ' thrie yeirs umell come ' (held as 
confessed). Decerns the first two, for 8 bolls, estimated 
to 1 firlot \ peck of ' schilling ' and mea*l at 14 I. the boll, 
is 3 I. 18 s., and 10 s. expenses ; John Leyes for 12 bolls, 
estimated to three half firlots and a peck, is 6 1. 1 s., and 
3 bolls ' umell corne ' estimated to 3 pecks 1 cupful, at 
8 li. the boll, is 1 1. 12 s., with 16 s. 8 d. expenses. 



A RATIFICATION 273 

Melrose, 10th March 1660 

Andrew Cairncrose, portioner of Reidpeth, and Mar- 
garet Meine his spouse produced in presence of the bailie- 
depute a Contract of Wadset dated 5th March inst. between 
them and John Dinant, servitor to Alexander Halliburtoune 
of Coltheanknowes, granting to him two husband lands 
pertaining to them in the town of Reidpeth in Berwickshire, 
under reversion for 1000 1, advanced by him to them ; 
and in terms of a Clause in the Contract Margaret Mein 
made faith judicially that she was not coerced hereto ; 
whereupon John Rodger, Dinant' s procurator, took instru- 
ments. Done in the tolbooth of Melrose in face of court, 
about 1 p.m. ; witnesses, Alexander Uschar and John 
Fennick, officers of court. 

Melrose, 10th March 1660 

Complaint by John Anderson, portioner of Ridpeth, Anderson ■ 
against James Mein, lawful son of deceased John Mein, por- Mein " 
tionerof Newsteid, Mary and Isobel Mein, his daughters, and 
only executors testamentar, as follows : — By contract of mar- 
riage, dated at Ridpeth, 20th May 1 643, between said deceased 
John Mein therein designated indweller in Coldounknowes 
byres, on the one part, and Isobel Andersone, widow of 
Alexander Anderson, portioner of Ridpeth, on the other 
part, he promised to infeft her or provide to her in liferent 
six bolls sufficient bear, Newsteid measure, 5 meikle fulls 
to the boll, yearly to be uplifted from his lands of Newsteid 
and Annay of Melrois or any part thereof ' most poynd- 
able,' and so warrand the same free of all burdens and 
bygone debts and taxations ; and for certain sums paid 
by the pursuer to the said Isobel Anderson, his mother, 
she sold and disponed to him her six bolls of bear of the 
last crop, 1659, and by her assignation, dated at Ridpeth 
3d January inst., she for his further security assigned to him 
the said contract of marriage, only to the extent of the 
obligation. The victual is still unpaid to the said Isobel, 
and the executors, defenders, refuse to pay the same to 

s 



274 MELROSE REGALITY RECORDS 

the pursuer. Pursuer compears with John Rodger, pro- 
curator, and exhibits the Contract and Assignation, and 
James Mein, defender, compears for the rest, and gives in 
the following defences :— First, no process till pursuer 
binds himself to insist throughout the whole process ; 
second, no process till pursuer gives his oath of calumny ; 
third, no process till he produce alleged Contract of mar- 
riage, to be inspected by defenders ; fourth, till Isobel 
Anderson's infeftment be produced and delivered ; fifth, 
though these be produced and delivered for inspection, yet 
the ferme acclaimed does nowise pertain to pursuer, but by 
the law of the realm belongs to the executors as movable 
goods and gear pertaining to the defunct. It is replied 
that in the Contract of marriage John Mein was obliged 
with all convenient diligence to infeft his spouse in the 
annuity (etc. as in the principal libel), and as to first of the 
defences, a pursuer is master of his own proces and may 
insist or desist at his option, and meantime he is daily 
authorising the court to prosecute by libelling, summoning, 
calling and continuing in his Lordship's name and by his 
authority. Having submitted documentary evidence, the 
process should be summary and not require his oath of 
calumny. As to the executors' claim on the victual the 
annuity was granted in the Contract to the said Isobel 
herself in lieu of tierce or third of land or other heritage 
or movables she could claim. — The judge on March 10th 
1660, in regard the said John Mein died about Lammas 
1659 and the fermes of that crop were not payable till 
between Yule and Candlemas thereafter, ordains the said 
James Mein and other executors to pay to the pursuer, as 
assignee foresaid, the half of the bear acclaimed, and 
absolves them from the other half as having right thereto 
themselves, without prejudice to Isobel Anderson's right 
to the whole annuity in time coming while she lives. 

Anderson and Complaint by Isobel Andersone, widow of Alexander 

MdCairn-" 11 Andersone, portioner of Ridpeth, against George Bell and 

cross. Andrew Cairncroce, portioners of Ridpeth, who are due 

to her 8 bolls of bear, Melrose measure, at 5 fulls to the 



ACTIONS— ANDERSON AND OTHERS 275 

boll, as the ferme of the lands in Ridpeth pertaining to her 
in liferent (by her Contract of Marriage dated 17th August 
1635) and possessed by the defenders equally between 
them, crop 1659. — 21st January 1660, she compeared by 
John Anderson her son, and defenders compearing granted 
the debt and were willing to pay to those having best right, 
deducting the cess. The bailie ordained a copy of the 
claim to be given to James Mein in Newsteid, executor to 
the deceased John Mein, who proponed the same defences 
against this as against the last claim, and received like 
replies. — 11th February 1660, Andrew Cairncroce, one of the 
defenders, alleged the land was set by deceased John Mein 
for 6 bolls 3 fulls of bear ; referred to his oath, who took 
avisandum. — 25 February 1660, said Andrew depones they 
took the land from deceased John Mein for 6 bolls 5 half 
firlots bear, and that John Mein promised 'to quyte him half 
ane furlott of his part.' — 10th March 1660, the judge ordains 
defenders to pay to pursuer the half of the bear abovewritten 
for crop 1659, ' in regaird that John Mein hir husband did 
expyre a litle befor the cropt wes schorne,' and to pay the 
other half to John Mein's executors, the cess being deducted 
from the first end thereof ; without prejudice to Isobel 
Anderson of her liferent right to the whole farm of the 
said husband land in time coming. Nota, George Bell's 
part, 3 bolls 1 \ firlots ; Andrew Cairncroce's part, 3 bolls 
1 firlot. 

31st March 1660, G. Jackson 

John Notman, miliar at Longschaw mill, sues Thomas Brodsey v. 
Caldcleuch in Blainslie, who has abstracted from the mill 
his whole ' girst ' of last crop, being 8 bolls of oats. Held 
as confessed, being 3 1. 18 s., with 10 s. expenses. 

Complaint by James Mein, son of deceased John Mein, Mein v. 
portioner of Newsteid, and executor to him, against William 
Anderson, portioner of Ridpeth, against whom Isobel 
Anderson, wife of said John Mein, and he for his interest, 
obtained decreet on 13th March 1658 for delivery to them 



276 MELROSE REGALITY RECORDS 

of 5 bolls 1 firlot of bear, Melrose measure, being 5 meikle 
fulls to the boll, as the ferme and duty of certain lands in 
Ridpeth liferented by said Isobel and set by said John 
Mein to defender, crop 1657, or for payment of 6 I. per boll, 
extending to 31 1. 10 s., with 4 merks of expenses ; which 
he still neglects to fulfil to the executors. John Rodger, 
procurator for defender, alleges in defence that the pur- 
suer produces no title clearing himself as executor con- 
firmed to his father ; to which it is answered that the pur- 
suer is only executor nominated in his father's testament, 
and has undoubted right to sue, but he cannot obtain 
himself confirmed ' becaus of the troubles now common and 
recent in the land ' ; but for the defender's security he is 
content to give him a discharge, with a cautioner, bearing 
warrandice at all hands whatsoever, and renew the same 
until the defender finds himself sufficiently discharged ; 
and he is content to find caution to confirm himself executor 
as soon as there is a commissary appointed for confirma- 
tion of testaments ; otherwise, the defender ought to find 
caution to make the bear forthcoming to the executor. 
— -The judge finds that pursuer cannot have action against 
defender for payment of the bear or price thereof until he 
is confirmed executor, which cannot be done at present 
in respect of the troubles of the time, but ordains William 
Anderson to compear next court day and produce a cau- 
tioner, to enact themselves to make forthcoming to such 
as are found having right to the bear or prices, after con- 
firmation can be had, with certification if he compear not 
or fail to produce a cautioner, decreet will be given against 
him in terms of the libel, and the pursuer will then be 
held to grant discharge with caution and warrandice con- 
form to his offer. — 17th March 1660, the interlocutor being 
read, John Rodger offered to find a sufficient cautioner ; 
but this, day being called and failing to find the said cau- 
tion, the bailie ordains as in the certification ; expenses, 
4 merks. 

Act, William- Complaint by John Pringill of Williamlaw against 
tenants 1 " 5 Thomas and Robert Laidlaw in Williamlaw, ' that quheras 



ACTION REGARDING PASTURAGE 277 

within this fourtie dayes or therby at the persewar and 
defenders agriement in Alexander Uschars befor your 
Lordship and Torsonce they than promittitt to keip there 
yewes upon the yew fence, the yeild scheip upon thair 
fence, and the nolt quher they wer formerlie uset to 
pasture ; and trew it is that they being to remove at 
Witsonday they out of thair malice and hatred, to mak 
the ground unprofnteable, does suffer the nolt to pasture 
upon the yew fence without hirding of them, quhich wilbe 
the occasioun of roting of the whole goods that sail pasture 
therupon thairefter ; and than promittit to saw beir and 
aittis according to there fall, and als trew it is that they 
have sawin aittis quher they sould have sawin beir, to the 
complainers great prejudice and damenage.' Therefore 
he craved an act, and also compensation for the damage. 
The bailie ordains the tenants to pasture their ewes, 
yield sheep and nolt where they were formerly wont to 
pasture, and keep the nolt off the ewe fence, under pain 
of 40 s, for each offence ; ' and ordainet to intimate the 
samene and to chairge .them to fulfill it under the penaltie 
foirsaid (bot not to poynd unles there be ane approvin 
breache in ane new proces to be intentit thairfore).' 

James Smith in Calfhill sues George Dewar in Longlie Smith v. 
as cautioner for Patrick Blaikie in Calfhill, for 20 1. due by 
the said Patrick and promised by the cautioner about 
Pasch 1659. Defender denied cautionry for anything 
but a boll of bear ; referred to his oath, who referred back 
to pursuer, who deponed he was cautioner for the 20 1. 
Decerns, with 30 s. expenses. 

Complaint by Thomas Caldclewch in Blainslie against Caidcieuch v. 
George M'Callo in Braidwoodscheill who at Yule 1658 M ' Call °- 
borrowed from him a boll of bear, Melrose measure, 
' milfrie,' and did then grind the same, and promised to 
deliver back to pursuer a boll as good and sufficient in 
bear-seed time, but for want of fulfilment the pursuer had 
to buy bear for sowing, at 20 merks, which the defender 
ought to pay, with a full of oats borrowed also at that 



278 



MELROSE REGALITY RECORDS 



time by him from the pursuer, price 32 s., and he is also 
owing him ' for the fodering and wintering of twa nolt in 
winter 1658 ' 5 1., and 3 1. 10 s. paid out by pursuer for him 
at his direction for the maintenance due from the lands 
of Braidwoodscheill the last four months. Moreover, his 
beasts ate 4 bolls of oats and bear in harvest last of his 
corn in Braidwoodscheill. Defender denies all except a 
boll of bear, ' and depones he is awin no menteinance nor 
nolt's fodering ; grants three pecks oats ; modifies 7 li. 
for the beir and to delywer the aits.' 



Dinant v. Rid 
foord. 



John Dinand, miller at Thirlstain mill, sues Thomas 
Ridfoord in Melrois, for 10 1. Scots as a price of a boll of 
bear bought from pursuer about a year ago. — 31st March 
1660, decerns for the 10 I., defender absent ; 13 s. 4 d. 
of expenses. 



Dinant v. 
Cairtcr. 



Same against Marion Kairther, widow in Longshaw, who 
owes him 5 1. Scots as the rent of a house in Longshow set 
to her for a year, and possessed by her about seven years 
ago. Decerns as confessed, defender absent ; 10 s. 
expenses. 



Bunyie v. 
Taylor. 



Complaint by John Bunyie, elder, portioner of Newsteid, 
against George Taylor, weaver in Blainslie, who employed 
him about 4 years ago as procurator in an action and pro- 
mised satisfaction for his trouble, and the pursuer accord- 
ingly ' did my diligence the space of ane wholl yeir, and 
the busines nott being fund cleir wes deserted by them, and 
therfor I aclamed from him for ewerie court day for my 
diligence ane cowrt day sex shillings Scots during the space 
of twentie sex cowrt dayes,' which he promised to pay, but 
will not unless compelled. Decerns for 5 1. in compensation 
of all. 



Purves v. 
Archibald. 



James Purves, weaver, portioner of Lessudden, sues 
James Archibald, there, for 41. 3 s. 4 d. as remaining of 
the price of a boll of wheat bought from complainer in 
February last. Held as confessed ; 10 s. expenses. 



SUNDRY DECREETS 279 

John Mein, son of Robert Mein, mason, portioner, of Mein v. 
Newsteid, complains on Andrew Kennedie, portioner of enne y ' 
Dernick, who on 11th February 1660 granted receipt of 
25 1. 13 s. 4 d. paid by the complainer to him in part pay- 
ment of four bolls of bear sold to complainer, to be delivered 
before Fastingseven now last past, or 12 1. for each boll 
undelivered ; but delivery is not made. Decerns for bear 
or price thereof, defender absent ; expenses, 24 s. 

William Edgar, portioner of Melros, sues James Burne, Edgar v. 
weaver there, for 3 1. Scots as rent and duty of a house 
and yard pertaining to him, Whitsunday 1659, with 10 s. 
Scots ' for twa scheir dayes work ' promised in harvest 
last. Decerns, defender absent. 

Michael Gibsone in Melros sues Thomas Stenhouse, Gibson v. 
portioner of Newtowne, for 55 s. Scots as the price of certain sun ry ' 
flesh bought from complainer at Yule a year past ; and 
also sues Thomas Eilleis, wright in Dainyeltoun, for 31 s. 
as balance of price of flesh also bought then. ' Decerns 
for both.' 

Complaint by Thomas Caldcleuch in Blainslie against Caidcieuoh w. 
Thomas Notman in Blainslie and James Haistie there, Notman. 
who owe to him 17 bolls of victual, half meal, half bear, 
Roxburgh measure, being 5 meikle fulls to the boll, as the 
ferme and duty of three husband lands in Blainslie per- 
taining to Mr. William Wallace and set by him in tack to 
the complainer and by the latter to them in subtack, crop 
and year 1659, with the parsonage teinds due by them 
to the teindmaster, and the vicarage, the parsonage extend- 
ing to 50 I. and the vicarage to 4 merks ; also said Thomas 
Notman owes him 5 1. ' for ley teilling ' and 40 s. ' for 
barne maill,' and said James Haistie owes 5 1. ' for ley 
teilling.' — 25 February 1660, decerns against James Haistie 
for last part of the claim, being absent ; 10 s. expenses. — ■ 
31st March 1660, ' defender Notman present, persewar 
absent, depounet he is awin nothing of the last acclame, 
bot hes satisfiet the persewar be payment of ane house 
maill.' 



280 MELROSE REGALITY RECORDS 

Waddeii?. Complaint by Thomas Waddell, burgess of Lawder, 

against George Dewar in Eister Langlie, who became 
cautioner for Patrick Blakie, younger, in Calfhill, to 
William Kyle in Peppermilne for 33 1. 6 s. 8 d., being 12 I. 
of borrowed money and 21 1. for three bolls of bear ; which 
sum was assigned by Kyle to the complainer on 31 Decem- 
ber 1657. The defender has paid about 20 I. thereof, but 
refuses the rest, with a year's interest of the whole ; also 
he owes the pursuer a ewe lamb promised two years ago. — ■ 
10th March 1660, defender to have a copy for defences. 
Alleges the claim is for more than is due, and desires dis- 
charge for what is already paid. — 31st March 1660, de- 
fender grants 31 1. 12 s. ' of dew debt.' Depones he 
delivered 18 s. to the said William Kyle in Galloscheills 
on Midsummer day, and two bolls and 4 meikle fulls of 
bear. Decerns for 8 1. 16 s. yet remaining ; 20 s. expenses. 

Braidwood- Complaint by Thomas Caldcleuche in Braidwoodscheill 

cieugh!" " ' at leist in Blainslie ' against Margaret Collingwoode, 
widow of William Huntar in Braidwoodscheill, and James 
Mure, now her spouse, for his interest, as follows : — 
There was a contract between her and the complainer at 
Lauder, 5 May 165 , whereby for 200 merks, payable at 
Martinmas and Whitsunday yearly, she set in tack to him 
the lands of Braidwoodscheill, with houses, yards, crofts, 
meadows, mosses, ' pasturage of sowmes extending to threttie 
sex, in and out,' and the teinds, parsonage, and vicarage as 
then possessed by Fogo and James Fogo, her tenants 

in the parish of Melrose, with that hauch of land called 
Malieshauch lying beside the lands of Braidwoodscheill, 
with the parsonage teinds of the said hauch, all for three 
years and crops from his entry * which wes and began as 
followes, to the foirsaids houses, yairds, meadowes, mosse, 
moores, pastureage of sowmes, and viccarage teinds, at 
Witsonday nixt thairefter in the said yeir of God 1651 
yeires, and to the arrable and corne feild land at Mertymes 
nixt thereafter or lesser at the seperatioun of the cornes 
therfrom, and to the personeage teinds of the saids lands 
of Malieshauch at Lambes or therby the yeir of God 1652,' 



ACTION REGARDING PASTURAGE 281 

and he was to pay the yearly feu-duty of Braidwoodscheill, 
provided the same extended not above 20 s. Scots, and to 
pay yearly for the parsonage teinds of Braidwoodsheill to 
Lord Elibank or his order 16 I. Scots, and for the parsonage 
teinds of Malieshauch yearly 10 merks ; while she was to 
relieve him of all monthly maintenance, cess, local quarter- 
ings, outrigging of troop horses, and arms, present, bygone 
and to come, and all burdens to be imposed on the said 
lands ' (except transcient quarterings and outputting of 
foote) ; ' with 10 I. of penalty to the contravener, besides 
fulfilment ; and she granted absolute warrandice. Never- 
theless, ' the said rowme of Braidwodscheill hes bein in use 
in altyme bygane to pasture thairupon conforme to the 
rest of the lands of Blainslie the number of twentie sex 
sowme throw the lands and ground of Blainslie, and that 
the fewaris of Blainslie stentit and restrictit him thairto 
and wald not suffer nor permitt him to hald nor pasture 
any moe thairupon,' whereby he wanted the pasture of 
10 sooms of bestial yearly for the said three years, at 5 
merks each soom, extending in all to 100 I., with 20 1. of 
profit ; and he also paid to the lairds of Quhitslaid 2 merks 
yearly for the lands of Malieshauch, and two loads of peats 
at 20 s., extending to 9 1. more than is contained in the 
tack ; of which super expenses and losses the defenders 
should give him satisfaction, in terms of the warrandice. 
Pursuer present, and also defender's husband ; the pur- 
suer produced his witnesses, as follows : — James Murray 
in Blainslie, 66 years, unmarried, depones ' he knowes 
perfytlie that the persewar pasturett during the tyme of 
the wholl tak twentie twa sowmes of scheip and nolt, twa 
horse and ane staig, quhich pasturet throw the haill moores 
of Blainslie and Broadwoodsheill ; and knowes notthing 
neither abowtt the det nor mailles.' John Greive in 
Lawder, 30 years, depones ' that the persewar pasturet 
the sowmes forsaid the first and second yeires of the tack, 
bott knowes nott whither he pasturet them the last yeir, 
in respect he wes nott upon the grownd ; and knowes 
nothing anent the det and Malieshawgh.' Edward Darling 
in Blainslie, married, 60 years, depones ' that he newer 



282 MELROSE REGALITY RECORDS 

told the persewares sowmes, bott onely he heard be the 
report of his neighbowres that he had his haill sowmes 
and ower, and knowes the persewar payit the three pownds 
to his best knowledge, bot qwither he or shooe was lyabill 
to pay it knowes nott.' James Donaldsone, married, 
40 years, depones as Edward Darling for the sooms, ' and 
knowes nott quhider he payit owt the three pownd or nott, 
and iff it be payit it wes efterwards allowit, and that he 
hes payit nothing for the hawgh, and efter compt and reck- 
ining in Broadwoodscheill all clages and clames wes quyt 
be Thomas Caldclewch to Broadwoodscheill, wherupon 
scho gave ane discharge and ane acompt of the rest what 
Thomas Caldclewch wes dew to him [sic] upon the end 
therof, which dischairge John Swinhows hes deposet in 
his hands with consent of both parties.' John Pringill 
depones ' the persewar had fourtie sowmes the first yeare, 
and that the towne casit him putt some of them away, 
and that the persewar wes newer within thirtie sowmes, 
and knowes nowght else.' The judge ' finds the lybell 
anent the sowmes cleirly prowin against the persewar, 
and absolves the defender of thes sowmes.' 



Melrose, 14th April 1660, Gideon Jackson 

Welsh v. Hay. Complaint by Thomas Vailsh in Newsteid against Helen 
Hay, goodwife of Drygrange, as follows : — About six years 
ago the said Helen hired him ' to work to hir twa yockings 
of ane pleuch and four dayes harrowing with twa horse in 
task work, pryce of each dayes, xx s. Scotts,' extending to 
6 1. Scots, which she ought to pay. Decerns on defender's 
oath for 4 merks only, in compensation for all, conform to 
account produced. 

Merserf. Alexander Merser in Erssiltowne sues John Rodger, 

° ger ' portioner of Ridpeth, for 11 1. Scots as balance of price 

of a ' naig ' bought from complainer in bear seed time last, 

payable 8 or 10 days thereafter under pain of duplication. 

Decerns on defender's confession ; 13 s. 4 d. expenses. 



stoun. 



SUNDRY DECREETS 283 

Robert Ridfoord in Dernick sues Mark Blaikie for Ridfoord v. 
48 s. 4 d. as balance of price of six sheep bought from com- a e- 
plainer a year past last Martinmas to be paid at Candlemas. 
Pursuer deponed the debt is owing. 

Margaret Holieweill in Gatonsyd and Robert Mein her Haiiieweii and 
spouse sue Thomas Bowstone called ' Dukdub ' for 6 1. Me !: 
as balance of price of a mare bought from her last Michael- 
mas, to be paid at Martinmas. ' Persewar present, grantit 
the debt dew. Decernes ; ex[penses of] extracting] 
vj s. 8 d.' 

William Speiding (Speidein), smith in Gallowscheilds Speiding v. 
apparently 1 obtained decreet against one James Merser 
for payment of 28 1. Scots, and arreisted 80 merks in the 
hands of William Wright, smith in Gatonsyd, who refuses 
to make forthcoming unless compelled. Defender granted 
the debt due the time of the arrestment. Decerns. 

Andrew Fischer in Old Melrois complains against Nicol Decreet, 
Cairncros in Alainshowes, who on 13th June 1659 bought cSrncross. 
from him 10 ewes and some lambs at 46 1., and is still 
owing 6 1, but refuses to pay. Defender granted 5 1., 
denies the xx s. ' Ex. ex. 13 s. 4 d.' 

James Eileis, portioner of Melrose, sues Alexander Ellis ». Usher 
Wischer there, in respect that in 1651 he received from 
the complainer a boll of good seed oats worth 12 I. which 
he promised to allow in the fore end of the rent then due 
to the Earl of Haddington, but he has neither done so nor 
paid the price. Also he promised 12 s. to him ' for ryding 
with him to Hoome Castell ' ; and 20 s. ' for carieing away 
ane load off aill from this towne to Lawder garison at his 
directione.' Claim referred to pursuer's oath, who depones 
the oats were received by the defender's servant woman. 
Decerns therefor, 10 1. and for the carriages 20 s., with 
13 s. 4 d. of expenses. 



The entries in the register are often very laconic. 



284 



MELROSE REGALITY RECORDS 



Fenik v. 
Blaikie. 



John Fenweik, one of the regality officers, sues Patrick 
Blaikie in Calfhill for 30 s. Scots as the price of 12 lb. 
weight of iron bought by Patrick from William Denholme 
in Ersiltone, assigned by Denholm to the complainer. 
Decerns for all, defender refusing to swear ; 6 s. 8 d. 
expenses. 



Fisher v. 
sundry. 



William Fischer, portioner of Easter Longlye, sues James 
Moffit and George Dewar in Eister Longly for the price 
of six firlots of oats with the fodder, at 9 I. the boll, eaten 
and destroyed by their beasts last harvest, and comprised 
by James Bowston and William Hay, portioners of Galton- 
syd, and Robert Freir there, as their note attests. ' Modi- 
fies 6 lib. the boll, the goodwyfes men to pay 4 lib. ten, 
the said William his awin herd als much ' ; expenses, 
13 s. 4 d. 



Wallace v . 
Law. 



George Wallace, notary in Melrose, sues Thomas Law, 
weaver there, for 20 1. Scots borrowed in 1651, and the 
interest for 8 years. Also in January 1660 he borrowed 
6 I. Scots and promised a boll of seed oats therefor, con- 
form to his ticket. Decerns on his confession, ' dedusing 
sewin small fules of oats, at 9 lib. a boll ' ; also decerns 
for the annualrent of the 20 I. since the receipt thereof at 
Yule 1651. Expenses, 33 s. 4 d. 



Wallace v. 
Currie and 
Donaldson. 



Mr. Michael Wallace, portioner of Melrose, sues Mr. John 
Curie, portioner of Newtowne, for 40 merks as the rent of 
his houses, yards, and others in Melrois from Whitsunday 
1659 to Whitsunday 1660 ; also against Mungo Donaldson 
there, for 4 1. 6 s. for the rent of Lobsmeidow resting due 
after accounting. ' Decernes againes Mr. John Curie ; ex. 
ex. ex. s. [sic] ; decernes as contest, ex. ex. 10 [? 20) s.' 



Baine v. 
Turner. 



James Bane in Dryburgh sues James Turner in Nether 
Longshow for 3 1. 10 s. Scots as the balance of the price 
of a ' naig ' bought by Turner in summer last. Expenses, 
10 s. 



ACTION REGARDING LEGACY 285 

James Bruntoun in Calfhill sues Patrick Blakie there Bruntoun v 
for 30 1. Scots for a cow's price bought by him from the a ie ' 
complainer about 9 years ago. Defender grants 24 1. 
Decerns therefor ; the rest to be proved. Expenses, 
26 s. 8 d. 



Melrose, 28th April 1660, Gideon Jackson 

Complaint by James Bruntoun in Calfhill against Biakie v. 
Patrick Blakie there, who at Whitsunday last promised Bruntoun. 
to deliver him 10 pecks of pease ' of this measour ' for the 
bounty of ' ten oxines gres of John Fischers of Wester- 
housebyre in sumer last,' with 20 s. as the balance of the 
' gres maill.' Defender denies all. They refer the differ- 
ence to Andrew Tunno. ' Absolves from the peis ; grants 
the xx s.' 

Complaint by Isobel Dicksone in Hemphauch against Dickson v. 
James Bowstoun, portioner of Galtounesyde, who owed Bowston. 
42 1, to the deceased Janet Bowstoun there, who be- 
queathed the same to the complainer, her sister-in-law, 
for the use and maintaining of Janet Dicksone her daughter, 
in 1650 on her deathbed in presence of witnesses. He 
paid 5 or 6 years' interest, but the rest is owing. Defender 
desires the pursuer's oath of calumny, and to see the testa- 
ment, and desires the pursuer to instruct her title to any 
goods belonging to the defunct by way of confirmation of 
the testament ; and as no ' testament good ' pays annual- 
rent he should be absolved from that part of the claim ; 
and he craves that the pursuer may be held to make 
reckoning for what she had uplifted, ' for the defender is 
greatlie feared that it be put to ane wrong purse and he be 
maid lyable to pay the samene over againe to the richt 
owner.' In place of answers the pursuer offers to the 
defender's oath to say whether or not, when he delivered 
her two bolls of oats for bygone annual, he promised his 
bond for the 40 1. claimed ; and refers the defunct's latter 
will to the declaration of William Bell, portioner of Galtoune- 
syd, who was present at the decease of Janet Bowstoun. 



286 MELROSE REGALITY RECORDS 

She denies receiving either principal or interest, except 
as above, and declares there is 2 years' annualrent due 
at Martinmas 1659. — The judge ordains pursuer to prove 
the debt to be owing by James Bowstoun to the deceased 
Janet Bowstoun, and to instruct her own right thereto. — ■ 
31st March 1660, William Bell depones * he was present 
quhen he tooke upe ane note of 40 K. and that the deeeist 
Jennet Bowston left it to the persewar for the upebring- 
ing of the child, and knowes not quhider thair be onie 
payit or not.' — 14 April 1660, William Bell, again sworn, de- 
pones ' that efter compt and reckoning maid betuixt James 
Bowstoun and the persewar about four yeirs since, James 
Bowstoun grantit him to be awin the fourtie punds ac- 
clamed, and that thair was xxiij lib. remayneing and 
17 lib. payit.' Robert Broun in Hemphauch depones as 
above relative to the accounting. — The parties submit to 
the said William Bell and Robert Brown, with the bailie 
as oversman. — 28 April 1660, decerns for 23 1., and the pur- 
suer is content to accept of 10 merks before St. Boswells 
day and the rest before Michaelmas. Expenses, 33 s. 4 d. 

Ker v. Cairn- Complaint by John Ker of Preistoun against Nicol Cairn- 
croce of Allaneschawes, as cautioner for Robert Laidlaw, now 
in Williamlaw ; as follows : — In 1650 the said Robert Laid- 
law was ' put out sojour to him and enterit to carry armes,' 
and Nicol Cairncroce dealt with the complainer to relieve 
him, which he did, and then faithfully promised ' to delyver 
to him alsmuch money and uther things as any uther gave 
him for the lyke,' and others used to give him 100 merks, 
but the said cautioner refuses to pay this. — 25 February 
1660, Cairncroce ' grantit he borrowit aff the principall.' 
Defender to have a copy and give in defences. Denies claim 
and pursuer's title ; and pursuer ought to produce his 
commission from the committee of the shire for the year 
claimed ' ordaineing the said defender [sic] to be shojor 
and for what partt or localetie and proportion thereof ' ; 
thirdly, the pursuer must produce ' the King and his 
Parliament and ther Generall order and comand to receive 
moneyes for men in the expedition defence of the King 



cross. 



ACTION FOR SOLDIER'S FEE 287 

country and releigion againes ane comone enemie the said 
yeir clamed, wtherwayes the said alegance awght to be 
takin of as a thing destinktive to the kingdome and airmie 
therof as dowbtfull experience doeth produce.' Fourthly, 
' as to the continor [sic, probably cautioner] partie denyes 
that ewer he wes desyred be the defender to borrow 
him off fra the persewar as ane sowldier the yeir clamed 
butt only he hes compeired ex officione prejudices off him 
in connivance with the persewar and aledgit petitioner 
therwith which may be cleirly sein in his compeirance.' 
The pursuer answers that the defences by Robert Laidlaw 
merit no reply, as the complaint is not against him but his 
cautioner, who gave promise as above and it can be referred 
to his oath. The judge finds that the pursuer insists only 
against the cautioner and not against the principal, there- 
fore repels the defences, and as the cautioner adduces 
nothing for his own defence admits to pursuer's pro- 
bation, and he is to produce his commission as Captain 
and to prove that Robert Laidlaw was enrolled and put 
forth by him as a soldier that year by James Lythgow 
of Drygraing, who had the charge of putting out all the 
soldiers in this parish at the time, and that he carried arms 
and passed muster in his company as a soldier. — 14 April, 
' producit in judgement, the partie defender present heir- 
ing the same, and summoned apud acta.' — 28 April 1660, 
defender granted ' he wes cawtioner for Robert Laidlaw, 
and becam debtor to the persewar ayther for money or 
man, and that he borrowit him aff.' Judge modifies 50 1. 

William Belindain in Alainshowes sues Nicol Cairncros Decreet, 
there for 44 s. Scots for the half year's fee due to John cairncross^ 
Belindain, his son, and 6 d. lent by complainer to Margaret 
Scot, Nicol's wife, and 8 s. Scots received by the said Nicol 
from the English at Ersilton for the complainer' s proportion 
of corn and straw ; more * for four yokings of ane plowch 
exept tuo mailles of meit to the plowch meir and onely 
ane copfull of oats to the hors ; mor, one of my beasts 
two yokings in the harrowes ; mor, fowr weikes meit for 
the hird quhich the said Nicoll putt away from ane moneth 



288 



MELROSE REGALITY RECORDS 



befor the terme, quhich he awght to have gewin the said 
compleiner ; mor, ane hors two dayes leiding of hay and 
the compleiner himself leiding with his awin beast and his 
sone biging off the said hay one day ; mor, ane chopin of 
ber, three shilling 6 d. ; mor, fowr shilling Scotts for ane 
dog quhich he promittit to his sone.' Defender confesses 
40 s., denies the rest. ' Probatione.' 

Mein v. Mein. Complaint by John Mein, son of Robert Mein, elder, 
mason in Newsteid, against James Mein, son of the de- 
ceased John Mein, portioner there, in whose hands the ferme 
bear was arrested, and John Andersone, portioner of 
Ridpeth, for his interest, in respect of a bond by the latter 
dated 13th May 1659 to the complainer and others for 
21 1. 6 s. 8 d. of borrowed money, to be repaid at Michael- 
mas 1659, with 40 s. of expenses, and the due annualrent, 
which bond being registered the pursuer obtained warrant 
for arresting 3 bolls of bear in James Mein's hands, due by 
him of crop 1659 to the debtor. Decerns on production 
of the bond and execution ; modifies bear or 9 1. ; total 
with expenses and interest, 24 1. 



Vair v. Bul- 
man. 



James Wair in Newtowne sues William Bulman there 
for 7 1. 13 s. as balance of price of bear bought from com- 
plainer at Whitsunday last, to be paid at St. Boswells day. 
Decerns on pursuer's oath ; ' ordaines to compt for this ' ; 
expenses, 13 s. 



Pringle v. 
Darling. 



Thomson v. 
Merser. 



John Fringill in Longhawgh sues Margaret Darling, 
widow in Apletreeleives, for 6 1. as the agreed-on price of 
half a boll of oatmeal bought from him in 1657. Decerns, 
held as confessed ; expenses, 10 s. 8 d. 

John Thomsone, younger, in Galtonsyd, sues Thomas 
Merser in Longlye for 3 1. 8 s. for half a year's fee for ser- 
vice wrought three years ago. Decerns. 



Blakie v. 
Brunton. 



Patrick Blaikie in Calfhill sues James Brunton there for 
the ' gres maill off thirtie scoir of hoges for a weik with bed 



BOWAR v. BOWAR 289 

and boarding oft his herd dureing the said space ' ; item, 
for ' fodering fowr nolt twa winters last bypast pryce 
awght pownds ; item, three fules off oats received be him 
and his wyf from the compleiner in seid tyme gone ane 
yeir ; item, awghtein shilling I seik for expences in careing 
of his sone and woll of his in sumer last to Edinburgh.' 
Modifies 8 1, for the week's pasturage, with consent of 
both parties, 6 1. for the nolt ; deponed on oath for the 
oats, modifies 10 merks ; wool, 12 s. 

Melrose, 12th May 1660, Gideon Jackson 

John Bowar, Easter, portioner of Eildon, sues John Bowar ». 
Bowar, Wester, portioner there, who about 15 days ago Bowar - 
' did cutt ane esche trie growand upon the middest of the 
compleineris yaird dyke,' worth 4 1. Scots, which he ought 
to pay or deliver the tree, and be fined 10 1. for cutting 
greenwood. Also he ' be his scheip since Candlemes last 
viz. his hoggis hes pasturit daylie in his kaill yaird and 
hes eatin and destroyit the haill grein kaill plants and gres,' 
to the extent of 6 I. Absolves the defender, in respect 
the pursuer refused to swear. 

Margaret Hanna complains against Bessie Scheill and Shew v. 
James Wauch, for his interest, in respect that the com- anna - 
plainer gave her in keeping 44 s. Scots and 5 cupfuls of 
oats, worth in all 55 s., but she refuses to deliver them up. 
Defender depones she received 24 s. and the pursuer 
' giftit it for the use and bed in the house.' Absolves. 

Complaint by Robert Ridfoord in Dernick against Ridfoord v. 
Andrew Kennedie there, George Moodie there, and George sun ty ' 
Eilles, wright there, who are owing as follows : — Kennedy 
30 s. due at Lammas last, with 4 pecks of oats ' and ane 
half of lot twa yeirs since ' ; Elleis, 33 s. 4 d. confessed 
before Andrew Phaupe for helping him in his trade, and 
poinded by Phaup on the said confession, which poind 
the said George ' hes most masterfullie reft and tain away 
from him without ordour of law ' ; Moodie, 12 s. for 3 



290 



MELROSE REGALITY RECORDS 



Wallace v. 
Stirling. 



Torwoodlie v. 
Blakie. 



days' work. Decerns against all, none of defenders com- 
pearing. 

Decerns John Stirling in Blainslie to pay to James 
Wallace, portioner of Melrois, 48 s. of borrowed money. 

Complaint by George Pringill of Torwodlie, son and heir 
of deceased James Pringill of Torwodlie, against Patrick 
Blakie, then in Fadounsyde, now in Calfhill, who granted 
bond dated at Selkirk, 27 October 1655, to the said James 
for 142 I. Scots of borrowed money, to be repaid by 15 
November thereafter, which bond was registered 24 Novem- 
ber 1657 ; and whereas he has entered in payment to the 
pursuer and paid 80 1, to him and 22 I. to Mr. Robert Tod, 
ne is still owing 40 1. with the interest. Pursuer compeared 
by John Bunzie his procurator, who produced the bond ; 
defender denies so much resting as is claimed. Judge 
ordains him to pay 35 I., with 10 merks modified in lieu 
of 10 1. of expenses contained in the bond and decreet, 
which with interest extends to 51 1. 13 s. 4 d. 



Wilson v. 
Forsane. 



Melrose, 26 May 1660, Gideon Jackson 

Complaint by Malie Willsone, widow of Robert Forsane, 
miller at Newsteidmill, against Robert Forsan, her eldest 
son, in respect of a Minute of Contract between them with 
consent of Rachel Duncan his spouse, dated at Melrose 
6th October 1657, whereby pursuer renounced her liferent 
right in the onstead and yard then possessed by her and 
her said son (excepting one-third of the yard, she having 
free ish and entry during her lifetime), and 4 acres of 
land lying runrig there, with the teind sheaves, in favour 
of her said son and his spouse, and he and his wife under- 
took to pay her an annuity of 5 firlots of meal, half oatmeal 
and half ' humell corne,' from Martinmas 1657 and so forth 
at two terms. They owe her for Whitsunday and Martinmas 
1659, and will not pay unless compelled. — 28 April 1660, 
probation. — 13 May 1660, ' continues upon hope of agree- 
ment.' — 26 May 1660, held as confessed. 



BLAINSLIE TEINDS 291 

Patrick Loukup in Melrose sues Margaret Boustoune, Loukupw. 
widow in Gattonsyde, for 8 1. Scots as the agreed-on price Boston - 
of some oatmeal bought from pursuer 9 years ago. — 
12 May 1660, ' probatioune, and ordaines to arreist.' — 
26 May 1660, held as confessed. 



Melrose, 9th June 1660, Gideon Jackson 

Complaint by Nicol Cairncrose in Allenschawis against Caimcross v. 
William Bellanden and John Bellanden there, his son, to sundry- 
whom at Whitsunday last the complainer delivered ' his haile 
yeild yewes,' which they undertook to keep till Michaelmas, 
but by their sloth and negligence they have lost three 
worth 5 merks a piece, whereof he received ' neither skine 
nor birne.' He also claims 5 I. ' for ane sowme of scheips 
grasse pastured be him upon the complinars part [sic].' 
Granted the sum of 4 I. 13 s. 4 d. Decerns. Also sues 
Adam Darleing in Westhouses for 4 1. Scots which the 
pursuer delivered to him last Martinmas to give to Bessie 
Wood in Jedburgh, from whom the pursuer had borrowed 
it, but he did not deliver it to her, and the complainer 
had to pay the sum over again to Andrew Kennedie, her 
assignee. Decerns conform. 

Complaint by Patrick Scott of Langschaw, titular of Scott v. 
the parsonage and vicarage teinds of the towns and lands sundry - 
of Blainslie, against the following, who are debtors to him 
for the parsonage teinds of lands in Blainslie possessed by 
them : — George Alexander of Mosshouses, for Braidwood- 
scheils teinds, 19 1. 6 s. 8 d. ; Thomas Caldcleuch, for old 
teind duty preceding crop 1658, 15 1. 3 s. 2 d., and for 
1658, 50 I. 16 s. 2 d., in all 65 I. 19 s. 4 d. ; James Soun- 
hous, for old rests, 6 1., and for 1658, 25 1. 6 s., in all 
31 1. 5 s.; Robert Davidsone for old rests, 15 I. 8 s., and 
for 1658, 29 I. 5 s. 2d., in all 80 I. [sic], 13 s. 2 d. ; Thomas 
Notman, 81. Is. 2d.; John Sownhous, 17 s. ; Agnes 
Hardie, 19 s. — 26th May, ordains to warn ' pro confesso.' — 
9th June 1660, decerns against all except Thomas Notman, 



292 MELROSE REGALITY RECORDS 

reserving account and reckoning between the Laird and 
the tenants. 



Melrose, 23d June 1660, Gideon Jackson 

Boston v. Isobel Boustoune, wife of William Wright, portioner of 

Galtounside, sues Richard Wright there, who owes her 
51. 3 s. for necessaries furnished to him about half a year 
ago, conform to account. Decerns on defendant's con- 
fession. 

Scott v. Bessie Scott, wife of William Barrie, and he for his 

interest, sue Margaret Bowstoune, widow in Gatounsid, 
for 24 1. Scots borrowed from pursuer 15 years ago, with 
the interest promised. — 9th June 1660, probation,— 23d 
June, decerns on defender's confession for the 24 1. 
Ordains to prove the annualrent. 

Vair v. Young. Complaint by John Vair, portioner of Eildoune, against 
Margaret Younge in Lessuden, in respect that at Martin- 
mas 1659 the complainer hired her son to be his servant for 
a year, and he promised her 7 1. Scots and a peck of bear 
' with ane old coat and a new serke and tuo paires of 
schoes,' but she took him away at Whitsunday last, and 
ought to reenter him or pay a fee. ' Ordains to enter 
home the servand upon Monday nixt.' 

Penman v. Andrew Penman, portioner of Melrose, sues Bertie 

Walker. Walker there for 3 \. 6 s. Scots as balance of price of half 

a boll ' mats,' payable last Yule. — 12 May 1660, probation. 
— 9 June 1660, continued. — 23 June 1660, denies claim, 
and referred by pursuer to his oath, who refers back to 
pursuer, who depones he is adebted in 3 1. 6 s. Decerns. 

Walkers. Bartholomew Walker in Melrose sues Andrew Penman 

there for 3 merks ' for makeing of thrie bolles malt to 
him beffor Candlmes last ' ; and 44 s. Scots for making 
5j bolls of malt before Pasch last. — 26 May, to warn pro 
confesso. — 9 June 1660, refers to pursuer's oath ; avis- 



Penman. 



TRESPASSING ON DRYGRANGE 293 

andum. — 23 June 1660, pursuer depones the sum is due. 
Decerns. 

James Lythgow of Drygrainge complains that several Drygrange. 
persons in Melrose and Gattounsid daily and nightly fre- 
quent his ground, moor and lands of Drygrainges and pull, 
houk and cut doun the heather, broom, wood and other 
fuel, and will not cease ; so he craves an act of court. 
The judge ordains each offender to pay 13 s. 4 d., half to 
the bailie and half to the party ; to be published at the 
market cross. 

Thomas Loukup, wright in Melrose, sues Mark Blackie Lookup v. 
there for 8 1. as balance of price of 3 bolls of bear bought Blaekie - 
from complainer 5 years ago ; also the ' rentall dutie ' of 
two acres of land in Danieltoune pertaining to pursuer and 
possessed by defender, crop 1650, ' and allowit be the 
maister to the rentallers for extraordinarie assesse and 
quarterings.' Defender acknowledges first claim, ' and 
hes continuit the defender till Michalmis.' The bailie 
ordains the same to be paid at Candlemas. ' Alexander 
Uschar is to seik owt the rentall for cleareing the last 
article of the clame.' 

Melrose, 30th June 1660, Gideon Jackson 

Complaint by William Fischer, third lawful son of de- Haiiiewooii v. 
ceased Alexander Fischer, and Isobel Lythgow, goodwife of 1S er ' 
Sorrowlesfeild, his mother, tutrix and administratrix to 
him, against John Halliwoll called of the Croce, portioner 
of Gattounsid, and James Boustoune, portioner of Gattoun- 
sid, and William Hoy his cautioner, for their interest, as 
follows : — The said James Bowstoune and his cautioner 
granted a bond dated at Melrose, 12 May 1653, to the 
complainer for 200 merks of money borrowed from him, 
with 20 1. of penalty in case of failure, and the interest 
due from Whitsunday 1653, which bond is registered in 
the Sheriff books of Roxburgh, 8 August 1654 ; and the 
complainer obtained decreet of transferring on 10th March 



294 MELROSE REGALITY RECORDS 

1660 for 72 I. still resting of the said sum and for two 
years' annualrent due at Martinmas 1659, whereupon Alex- 
ander Uschar, officer, on 23d March 1660 arrested in 
the said John Halliwool's hands 100 1. Scots due by 
him to the said James Boustoune, who will not, however, 
make the same forthcoming. — 14 April 1660, defender 
desired inspection. — 26 April 1660, gives in following 
defences : — First, denies being addebted to James 
Boustoun, in 100 1. or any other sum, ' and for cleare- 
ing of the same, he is only to redeem tuo aikers of land 
quhilk was then woodsett be umquhill Archbald Freir 
in Gattounsid and the deceist Issobell Freir his dochter, 
quhilk tuo aikers of land belonges to Robert Boustoune, 
sone and aire to the said Robert Freir, which will be proven 
be ane woodsett tacke made be umquhill John Halliwall, 
father to the defender, and umquhill Archbald and Issobell 
Freirs and thair aires, and for farther cleareing thair is 
ane contract of mariag to be producit be James Bous- 
toune maid betuixt him and the said umquhill Issobell 
Freir makand mention that quhatever sowld happen to 
be conquest betuixt them sould fall to the aires maile 
or female procreat or to be procreat betuixt them, and 
the said John Halliwooll being narrest of kin to the said 
Robert Boustoune one the mothers sid will take the land 
and take upon them the hazerd of the break betuixt 
Robert Boustoune and John Halliwooll, therfor he aucht 
to be absolved in respect he never made any condition 
with James Boustoune.' The pursuer in his replies refers 
the first allegation as to non-indebtedness to the defender's 
oath, whether or not he made bargain with James Boustoun 
or promised to pay him the said sum in his child's name, 
or was owing the same or other sums at the time of arreist- 
ment. Secondly, ' its ansuerit be the said persewar that 
the defender John Halliwool being interrogat upon his 
oath quhither or not he made the bargane with James 
Boustoune or with Robert Boustoune his sone of sex yeires 
old, so non may mak bargane with a minor without the 
fathers advice and consent who is allwayes lyable for his 
sones estaite and granting of his ?ones richt and causeing 



FISHERS v. HALLIWALL 295 

of his sone ratifie at perfect age.' Desires inspection of 
the alleged contract of marriage. Judge appoints pursuer 
to see the contract of marriage and the contract of wadset. 
— Interlocutor ; finds by the contracts of marriage and 
wadset that pursuers can have no action against John 
Halliwall to make the sum forthcoming ' in regaird that 
be the contract of woodsett the defender is na wayes 
obleist to James Boustoune for payment of the sowme 
contained therin bot onlie to the aires of the deceist 
Issobell Freir,' and repels the answers, and absolves the 
defender ; ' bot in respect that Boustoune is minor wha 
is son to the said James Boustoune begotte betuixt him 
and the said Issobell Freir wha hes onlie richt to the sowme 
contained in the contract of woodsett, and seeing the 
defender John Halliwall is to redeem fra him the tua 
aikers of land contained in the said contract ' the bailie 
ordains Halliwall either to retain the whole sum and find 
caution in the regality books to make forthcoming at 
majority, or to give bond with caution to him for payment 
thereof and consign the same in the hand of some respon- 
sible man within the parish of Melrose. 

Complaint by William Ker, portioner of Newtoune, Ker v. sten- 
against Thomas Stenhous there, who detains from him 
' ane woorttroch ' wrongfully intromitted with by Thomas 
Stenhous his father about 30 years ago ; also he owes 
him 48 s. Scots ' promitted for the use of his kill for dryeing 
of four kilfulls of malt four yeirs since.' Defender denies 
the trough, and refers to pursuer, who depones. Decerns. 
Defender grants 42 s. Decerns therefor. 

George Thorbrand in Smealholme sues Andrew Sclater, slater v, Thor- 
tailor in Newsteid, for 4 1. 1 s. as balance of price of a firlot burn " 
of oatmeal bought from pursuer a year ago. — 23 June, 
refers to defender's oath. — 30 June 1660, depones he paid 
the price of the meal in ' Gallascheills geat,' viz. a dollar 
and 2 s. ' and receaved nothing of it bake.' 

Andrew Phaup in Melrose sues James Burne there for Phaup v. 

Burne, 



296 MELROSE REGALITY RECORDS 

3 I. 4 s. Scots as balance of house rent due for a house set 
to defender from Whitsunday 1659 to Whitsunday 1660, 
and 4 s. Scots as the price of a cupful of meal, and 4 s. 
for a ' bed of plants.' — Decerns, defender absent ; 6 s. 8 d. 
expenses. 

Lithgowz*. Complaint by Andrew Phaup in Melrose against Adam 

Phaup. Lythgow there, who received a long time ago from the 

pursuer a new grey cloak in pledge ' for lousing the persew- 
ars beists quhill some corn wer comprysed alledgit eatin,' 
but though the corn is comprised he refuses to return 
the cloak. — 23 June, probation. — 30 June 1660, ordains 
Andrew Phaup to satisfy the defender's comprising, and 
the defender to give back the cloak. Comprised by James 
Wallace and John Wallace to a firlot oats and a peck of 
bear eaten by Andrew Phaup' s kine ; the oats pertain 
to Adam Lythgow and the bear to George Blakie. — 
30 June 1660, modifies 10 merks for the boll of oats, so 
16 s. 8 d., and bear 7 1. Ordains Andrew Phaup to 
satisfy this. 

Melrose, 10th July 1660, Gideon Jackson 

Hunter v. Bell. John Huntar, eldest lawful son of James Huntar in 
Newtoune, sues George Bell, portioner of Reidpeth, for 
14 1. 3 s. 4 d. as a year's fee wrought for by him a year 
ago, and six quarters of ' gray ' with 2 ells of ' whyt.' 
Defender alleges he paid the fee and bounty to the pur- 
suer's father, who made the condition with him. Absolves 
from 13 I. 2 s., and decerns for 4 I. 1 s. 4 d. 

Mersey. Janet Merser, widow in Newsteid, sues Robert Forsan, 

Forsane. miUer in N ew steid, for 5 1. Scots of fee and a firlot of oat- 
meal and a pair of shoes (worth 12 s.) of bounty, for her 
harvest fee for shearing and working to him in and after 
harvest last. — Denies claim ; referred to his oath, who 
grants half a firlot of meal and 5 I. but alleges she deserted 
the service. Decerns for the 5 t. Absolves from the meal 
and shoes. 



PROPERTY DISPUTE 297 

Walter Donaldsone in Melrose sues Thomas Eilleis in Donaldson v. 
Danieltoune for 3 1. 4 s. Scots due by him to deceased 1S- 
Grizel Andersone, pursuer's mother, for ale and other 
necessaries, and bequeathed verbally by her to pursuer, and 
acknowledged due by defender. — 9 June 1660, probation. 
— 10 July 1660, decerns, defender absent ; 6 s. 8 d. of 
expenses. 

Complaint by George Boe in Dainyeltoune against James Boe v. Ellis. 
Eilleis, portioner there, to whom about 5 years ago the 
pursuer sold 4 acres of land, with houses, yards, and 
pertinents, reserving his liferent of the houses and yard, 
and the defender promised to uphold the onstead of houses 
in timber, masonry and divots at his own charges and to 
give the complainer a ridge of land in the Quarrell holes 
' to lay his fuile upone yeirlie ' ; but though sundry times 
required to uphold ' the said hous quhich is now lyklie to 
fall upon the complinar and smoar him and his bestiall,' 
and give him the rig, he refuses. Also he is damnified 
by want of the crop of the said ridge for 5 years, being 3 
firlots of bear. Also the defender owes him 50 merks and 
half a boll of meal of bounty, with 6 s. paid by the com- 
plainer to Andrew Patersone ' of annualrent which the 
defender sould have payed for the persuer.' Also he keeps 
up the minute of the contract made between them, which 
will clear the conditions. Also James Wallace in Melrose 
in the defender's name promised 20 merks to the pursuer, 
which he refuses to pay. Admits to probation. — Andrew 
Tunno depones he knows nothing anent the business, 
' bot James Eilleis was content to uphald the hous, leid 
out his muck, and give him a dale in the quarrell holes, 
and teile his yairde.' Alexander Uscher ' depones ut 
supra, and to leid, and that James Eilleis sould teile the 
dale and harrow it with the yaird.' George Wallace 
' depones ut supra, and that George Boe referrit the 50 
merks and meill in James Eilleis his will.' — 10th July 1660, 
ordains James Eilleis ' to put up and uphald the house 
conforme to the dispositioune, under the paine of 40 
markes.' 



298 MELROSE REGALITY RECORDS 

Waiiacew. Complaint by Robert Wallace, son of James Wallace 

in Melrose, against Patrick Blackie in Uplaw, who in 1657 
sold to the complainer six sheep at 40 s. apiece, being 
4 ewes and 2 wethers, ' and promitted to grasse the samyn 
and herd them on his own proper charges ane yeire, and 
if any sould happen to die to give the persewar another 
als good. The prices of the said scheep and grasse maile 
and herding he received, and trew it is that the persewar 
never received any of the said scheep excep on wether, 
so that the defender detaines four ewes and a wether,' 
which he refuses to deliver unless compelled. The de- 
fender ' grants he hes four to the fore. Decernes to deliver 
the scheip.' Also James Wallace foresaid complains that 
whereas about a year ago he bought and paid for 4 wethers, 
he only received three, and the said Patrick detains one ; 
and he desires a sufficient wether or the price thereof. 
[No decerniture]. 



' The humble supplicatioune of the minister and elders 
of the sessione of Melrose to Gideon Jacksone of 
Lochhouses, bailie deput of the regalitie of Melrose. 

' Seeing it heath pleased God not onlie to work a worke 
off reformatione throwghout the whole land bot even in 
this corner of the cuntrie wherin ther are many gentlemen 
who are paterns of piety and holiness to uthers in the 
paroches quherin they leave, the santificatioune of the 
Lords Day, and that the lyk reformatione is not wrocht in 
this paroch its our great croce and greif, wee humblie 
therfor desire that yow quho are the magistrat of this 
place, quho are appointed by God to be the keeper of both 
tables, to see to the honour of God in the first place, 
remembring that they that honor God God will honowr 
them, to enact in your court that quhatsoever persone of 
quhat ranke and conditione soever duelling within this 
paroch be found drinking within any house on the Lords 
Day wher wyne or aile is sold, efter fyve a cloak att night, 
be fyned, and lykwayes these that are the sellers of the 
drinke may be fyned, that so God may be honored amongst 



SABBATH DRINKING 290 

us and the Sabbath santiffied, and this is our earnest 
desire, as is witnessed be our subscriptioune att Melrose, 
July the 10th, 1660. Sic subscribitur, Mr. David Fletcher, 
minister at Melrose ; Wi. Edgar, elder ; John Mylne, 
elder ; Adam Lythgow, elder.' 

' The said bailie deput haveing considerd the above ' Act annem 
written supplicatione and for remeid quherof and for the thTsabbaih 
mor strict observing and keeping the Sabbath day, does da y-' 
heirby strictlie prohibit and discharge all ostlers and 
change keepers within this paroch from selling within 
thair awn houses on the Sabbath day efter 5 a clok on the 
efternoon aither wyne, aile or beire to any persones quhat- 
somever duelland within the paroch except to strangers, 
sick people, or their neighbours in the rowmes quher 
they leave, for the use of their own privat families, and 
that under the paine of xx s. toties quoties for ilk tyme they 
sail be fund sua doeing ; and if any persone or persones 
of whatsomever degree or qualitie being residenter within 
this paroch sail happen to be found att any tyme therefter 
drinking and keeping companie in ane aile house att aither 
wyne, aile or beare efter fyve a clok as said is, they and 
ilk ane of them sallbe lyable in payment of the lik fyne for 
ilk tyme they sallbe taken in the said act ; and if aither 
the drinkers themselfs or the sellers therof sail be depre- 
hended therin by the minister or any ane or mae of the 
elders of the kirk sessione who is to take tryall heirof, 
they are to give notice therof to the bailie, who efter the 
probatioune of the factis done aither be the drinkers or 
the sellers therof is to give order to any of his officers to 
poynd the persones man or woman who is found guiltie 
in the breach heirof, and to bring in the fynes to the kirk 
box for the use of the poore of this paroch, to be distirbut 
amongst them as the minister and kirk sessione sail think 
fitt ; and ordaines the elerk of court to give ane extract 
heirof under his hand to the minister and elders, and 
Alexander Uschar, officer, is to make intimatioune heirof 
att the mercat croce, to the effect nane may pretend 
ignorance hirof. Sic subscribitur, G. Jackson.' 



300 MELROSE REGALITY RECORDS 

Melrose, 21st July 1660, Gideon Jackson 

Biackie v. Complaint by Patrick Blackie in Calf hill against James 

Smith, herd there, who in harvest time last ' did with the 
beasts he had a keeping eat and destroy to the persewar 
throw hissloath and neglect the number and quantitie 
of ten furlots of oats, comprysed be William Scott in 
Allenschawis and Thomas Heitoune in Westhouses,' 
Also he sues for ' ane half sowmes gresse of nolt grassed 
be the persewar to him in summer gone a yeire,' and a soom 
of sheep grassed to him last summer. The following 
defences are made : — First, denies whole claim as con- 
ceived ; secondly, ' giveand bot not grantand that the 
bestiall that James Smith did keep was found eateing of 
the corne lybellit/r he aught in law to purge himself of his 
awin bestialls both of his horsse, nolt and scheipe, as he 
cannot doe, as can be clearlie instructed the contrair as 
followis, In the first the haill town had somtyme calf s lyeing 
and eateing both night and day upon the corne lybellit ' ; 
secondly, the pursuer ' did keep and tether ane meire and 
ane foale both night and day besid the said schot of corne, 
and brake louse theron and wald scairce been fast ane 
houre in 24 bot eate allwayes theron, as can be made 
cleare be the haile neighbours in the towne.' Thirdly, 
' the haile nolt in Calfhill did eat on the corne lybellit the 
space of ane hour and ane half, as can be clearlie proven 
be William Fischer in Colmsliehill, he being att Eister 
Langlie and coming to his own house at Colmsliehill did 
see the said horse upon the said corn the space forsaid 
and did come to Calfhill and caused turne them off the 
corne.' Fourthly, ' its known be the haill neighbours 
about that they had ane hirsell of ewes haveing no herd 
therto bot some bairnes of thair own and by that sloath 
and negligence did let them verie often eat upon the 
corne lybellit, and was taken off both by the persewar 
himself and the neighbours in Calfhill.' The complaint 
is therefore out of malice, of intent to cast the blame on 
him. As for the second claim, denies it, because he had 
no sooms ' bot thes quhom he had as ther agreement wes 



CATTLE TRESPASSING 301 

so many,' but however refers it to pursuer's probation, 
but not to his oath. The pursuer in reply refers the claim 
' to the honest men to quhom the lybellit skaith wes sub- 
mitted, viz. George Alexander in Mosshouses and George 
Dewar in Eister Langlie, att quhich tyme the defender 
offered three furlots of oats, and within schort tyme 
therefter ane uthre half furlot of oats att Gallascheills ; 
and as for the denyall of the 2d pairt of the lybell ' refers 
it to defender's oath. The judge ordains the comprisers 
to be produced, and as for the soom's grass ordains defender 
to depone whether it was given him by condition at his 
feeing or if he kept these sooms ' besides his conditioned — ■ 
George Alexander depones that the pursuer and defender 
submitted to him and George Dewar ' upon this conditione 
that if they could not agrie the bailie to decyde therin,' 
and they ordained the defender to pay ' fyve half fulls of 
his oats in compensatioun of the haill.' George Dewar 
depones ' George Alexander offerit fyve little fulls of oats 
and he wold have had 9 and to have fred him at M'Calo 
hand quho had the half of the corne.' The bailie ' decernes 
to pay ane Lothean boll of oats to the persewar or els 
4 lib. Scots and the persewar to frie the defender att 
M'Callo hand. Decernes in xx s. for the stirke.' 

James Scheill, portioner of Ersiltoune, sues James Decreet, 
Archbald in Lessudden and Janet Brotherstanes his irother'stane 
spouse, ' who is justlie awand to the persewar ' 18 I. Scots and Archibald. 
as balance of price of 3 bolls of malt bought and received 
' be him fra the persewar about Whitsonday gon a yeire, 
wherof they now refusse to make payment ' unless com- 
pelled. Defender grants 16 I. ' and for the 40 s. question- 
able,' and refers to pursuer's oath. ' Extracted, expenses 
XX s.' 

Complaint by Robert Laidlaw in Williamlaw against Laidiaw v. 
George Pringill of Buckholme, Mr. William Duguid, sundry - 
Margaret Darling, Andrew Pringle of Haukburne, Robert 
and John Lees in Whitlaw, James Meine in Wester Langlie, 
and James Moffit in Eister Langlie, ' and the lands of Wil- 



302 MELROSE REGALITY RECORDS 

liamlaw being appointed for furnishing of ane horse,' in 
respect that at Beltane a year past Andrew Jerdon in 
Jedburgh obtained decreet against him for 7 threaves of 
straw at 18 s. the threave, with 12 s. of expenses, ' fur- 
nisched owt be him to the Inglisches att Jedburgh att the 
Constable his directione,' and the defenders ought to bear 
equal burden with the complainer conform to their rent. 
' Ordaines to cast upon the rent and lay on every ones 
equall proportione of the strae lybellit ; passes from 
Andro Prineill and Whitlae.' 



Melrose, 28th July 1660, Gideon Jackson 

Watson v. Thomas Watson in Galloscheills sues Andrew Darling, 

Darling. portioner of Appelltrileives, for 11 1. Scot for a boll of bear 

bought from complainer two years past last Midsummer, 
to be paid at Michaelmas thereafter. Decerns, and the 
pursuer to find caution to answer as law will, who found 
James Donaldsone. 

TorwoodHef. Complaint by Patrick Blackie in Calfhill against John 
Mylne, portioner of Newtoune, ' as cawtioner to ansuer as 
law will for George Pringle off Torwoodlie, son and aire to 
the deceist James Pringle of Torwoodlie,' as follows : — 
The said deceased James Pringle ' had in gressing with the 
complinar in Maggiltpotts about sex yeirs since or thairby 
fyttein hoggis and thrie oxen, the hoggis pastured to him 
a whole yeire, the oxen half a yeire,' for which he promised 
20 1. Also the pursuer and other tenants of Blindlie paid 
out for the said lands to the Collector of the Forest 
17 1. 10 s. 8 d. for May's assessment, 1659, as appears by 
the collector's discharge dated 25th May 1659, but of this 
the said deceased James Pringle made no payment to the 
complainer ; and George Pringle and his cautioner refuse 
to pay except they are compelled. — 26th May 1660, 
cautioner to have a copy for defences. — 9 June 1660, 
pursuer compearing with Andrew Phaup, notary in Melrose, 
his procurator, and defenders compearing by John Bunyie, 
portioner of Newsteid, as their procurator, the latter 



BLACKIE v. PRINGLE 303 

argued that the pursuer should instruct his process and 
give a sight of the productions to the defenders. The 
pursuer declares his claim is just, and is content to give his 
oath of calumny. Among additional defences, the de- 
fender declares that the sums claimed were all allowed 
in the fore end of the pursuer's bond which was posterior 
to the bargain between the defunct and him ; and craves 
pursuer's oath of calumny. This the pursuer craves leave 
to give. The judge ordains the cautioner to produce 
Torwoodlie to give his oath or otherwise his written 
declaration as to what he knows in the matter, in regard 
it is not the defender's own proper fact and deed. Tor- 
woodlie by his missive letter, 27th July 1660, to the bailie 
declares that to the best of his knowledge ' any scheip or 
oxen my father had in gressing with Patrick Blackie whil 
he was in Magiltpotts or any assessment payet be the 
said Patrick wase allowed him in ane accompt made 
betuixt my father and him att Kilknow att the Mertymes 
efter his removall from the said grund, at which tyme 
the said Patrick gave a band to my deceist father of the 
sowme of seven scoir tuo punds and entred in payment 
befor my fathers removall without alledging any such 
thing as he now clames. For further cleareing of the 
matter I am surelie informed that my deceist father upon 
ane heavie complaint maid to him be the said Patrick of 
the stres he wase lyke to be put to by his master Blindlie 
efter my father and he had satled and he put in possession 
of his awin lands did advance the said Patrick for payment 
of his maille to his master the sowme of thrie hundred 
markes, for which the said Patrick did onlie give band 
for seven score and tuo punds, so that it is evident what 
was more of the thrie hundreth markes was allowit in 
compts which was betuixt them.' This being read in court, 
the pursuer and his procurator alleged it could not be 
received, but George Pringle ought to appear personally 
and give his oath. The bailie admits and accepts the 
declaration, and assoilzies Torwoodlee and his cautioner. 

Claim by James Bruntoun in Ceitup, designated in the Brunton v. 

Alexander. 



304 MELROSE REGALITY RECORDS 

obligation in Grainge, against George Alexander, only law- 
ful son of the deceased Richard Alexander in Mosshouses, 
and executor dative to him, in respect that John Taite, 
bailie in East Gordone, and John Hoome in Howlaws, 
granted Bond dated at Lauder, 21st July 1655, to the com- 
plainer for 1201. Scots, and the said deceased Richard Alex- 
ander became cautioner to pay before Martinmas 1655, or 
10 I. of penalty besides the debt ; and the bond being regis- 
tered, and execution following, there is yet 22 1. of the debt 
with 10 1. of penalty still due. — Defender desires pursuer to 
depone what is received from the principal debtors ; who 
declares he has got 100 1. from them ' in presence of the 
said George Alexander, he being present att the last de- 
livery att Gordon three yeirs since or therby, and he gave 
them ane ressait therof.' Decerns for 20 1. yet resting, 
and 5 merks of modified expenses. 

Turner v. Claim by James Turnor in Over Langschaw, executor to 

John Turnor his brother, against Patrick Blackie, younger, 
in Calfhill, who granted Bond dated 28 October 1649 to the 
complainer's brother for 76 1. Scots as the price of some 
sheep, which was to be paid by 11th June 1650, called 
Sant Bernards day, or 10 1. of penalty ; which bond was 
registered and decreet interponed on 9th April 1658 ; but 
the defender paid nothing thereof to the complainer's 
brother ' at na tyme beffor his goeing out of the cuntrie 
to France in anno j m vj c fiftie aucht ' except 8 1. of annual- 
rent, contained in the factory granted to the pursuer, and 
he has paid 48 1. to the complainer for the price of two 
oxen ' taken up be him from him in the forend of the 
principall and annualrent,' so there remains nine years' 
interest extending to 41 1. with 10 1, of expenses, and 
extending with the principal to 127 I. whereof is paid 48 1., 
so rests 79 1. — Defender craves a diet to produce his 
discharges ; next court day assigned. Compeared de- 
fender, with John Bunyie his procurator, and in defence 
declares there should be no process till pursuer produces 
a testificate of his brother's death and confirms himself 
executor to him, and then finds caution to keep defender 



BULLMAN v. HEITOUNE 305 

scatheless at his brother's hands ' in caice he be on lyfe 
and turn bak to this natione.' The pursuer in reply pro- 
duces the assignation by his brother to him of all debts 
owing to him by whomsoever in Scotland, and will find 
caution to warrant at all hands and especially those of the 
cedent. The judge finds the claim instructed by the 
Bond and Assignation, and ordains defender to pay 20 1. 
resting of the principal, and the bygone annualrents for 
six years amounting to 27 1. 12s.; but pursuer is to find 
caution to make the same forthcoming to his brother if 
he should return, and to give a discharge to the defender 
wherein both principal and cautioner shall be obliged to 
warrant the defender and his heirs from any further 
payment at all hands ' and speciallie att the hands of his 
brethren and sisters mentionat in the said assignatione.' 
Total, 47 1. 12 s. with 4 1. of expenses of plea to the 
pursuer. 

Complaint by William Bullman in Newtoune against Buiiman v. 
Andrew Heitoune there, who wrongfully detains from him eitoune ' 
the houses, yards and pertinents of half a husband land in 
Newtoune disponed by him to the pursuer's deceased 
father and him conform to their contract of wadset, and has 
withheld the same for 12 years past, without making satis- 
faction ; also he keeps up all the old charters and writs 
belonging to that husbandland. He is also due 7 1. Scots 
' for ten scheips grasse and tuo nolts ' ; and 22 1. 4 s. paid 
out by the complainer for him at Martinmas 1658 ' for a 
pairt of his entrie monie to my Lord Haddingtoune ' ; 
and 100 merks of penalty contained in the Contract of 
wadset, seeing he requisitioned for redemption of the land 
before notary and witnesses ; also a certain sum which 
he and his father paid out for the defender ' of monethlie 
mentinence, troupers wages, kirk stents and other depurse- 
ments thes tuelve yeires bygone which he wes obleist be 
way of contract to repay ' ; also 10 1. 7 s. ' of the reamaine 
of certaine corne and strae ' which he bought from pur- 
suer's father in 1653 ; also 20 s. Scots ' for the lid of ane 
mickle kist quhich he sould have made new to the per- 



806 MELROSE REGALITY RECORDS 

sewar ' or paid the price ; also 4 I. for part of 3 years' 
teind, crops 1653, 1654, and 1655, conform to the bailie's 
discharges thereupon. In his defences Heitoun asserts he 
wadset no houses ' bot onlie single half land,' and he will 
deliver any old charters he has if the pursuer find security 
to redeliver them at redemption of the said half land. 
He ' sett ten scheips grasse att the persewers directione 
to pay the monethlie assessments ; denyes the nolts 
grasse.' Denies 22 I. of entry money, as the pursuer 
promised to pay the same for him without any com- 
pensation ; which he refers to his oath. Denies breaking 
the contract at the alleged making of requisition, and so 
not liable in 100 merks. As to public burdens, the wad- 
setter should pay, not the heritor, as the former reaps the 
benefit. He paid the pursuer's father what was due for 
corn and straw, and refers this to his oath. As to three 
years' annualrent preceding Whitsunday 1659 he paid 40 s. 
to pursuer before John Mylne in full satisfaction. As to the 
chest lid, the pursuer received a dale therefor. The pursuer 
in answer states that by the contract he ought to have 
the houses and pertinents, and ' ther is not another half 
land in Newtoune that wants housses yairds and pertinents 
bot onlie the persewers own.' He will certainly give 
receipt for writs and obligation to redeliver. For the 10 
sheep's grass and two nolts he can prove the same ' by the 
takers therof ' for the monthly maintenance, and the 
defender's word ought not to be trusted unless he prove 
the same ' by the punder oath who collected it or a sub- 
scryvit compt witnessed by 2 or 3 honest men in the New- 
toune.' As to the entry money, * the persuer promised 
to pay no such thing, neither neids he to give his oath for 
the samyn, in respect he had the defender taken with horn- 
ing and captione because he wald not willinglie enter, and 
being so taken with captione he desired the defender [sic] 
to becom cawtioner to the bailie for a pairt of his entrie 
money, quherupon the persewer becam cawtione and was 
forcit to pay the 22 I. 4 s. be vertew of a registrat band.' 
The penalty for breach of contract is due because ' he 
forcet the defender [sic] to registrat the said contract and 



BULLMAN v. HEITOUNE 307 

put the samen to executione becaus he wold perfyt no 
pairt of his conditione.' The defender is obliged to repay 
the public burdens, etc., paid out, ' be vertew of contract 
in respect ther is more money on the said houses and land 
nor the worth thereof.' As for 10 I. due for corn and straw, 
the pursuer has an account signed by John Mylne and 
Thomas Stenhouse to prove the same ; ' if that will not 
doe it, its reffered to the defender's oath.' As for the 
chest lid, ' the defender gave no dale bot onlie some peaces 
of old rotten boordes for no use, which the persewer hes 
to shaw.' The judge by interlocutor ordains pursuer to 
prove * that ther was at the tyme of the woodsett and 
formerlie allwayes houses bigging yairds and pertinents 
belonging to that half husband land somtime possest be 
Thomas Mylds, quhich is woodsett to him be the defender,' 
and that these are withheld ; also to produce the first 
contract of wadset between him and his deceased father 
and the defender. In additional defences Heiton declares 
' that ther is na housses nor yairds disponed be the de- 
fender since his fathers deceis who had the said half land 
disponed to him and promitted to him to deliver him three 
bolles of bear to renew the contract from his fathers name 
to defraud the rest of his brethren and sisters from their 
dew portiones of the sowme of money therin contained as 
executors to him, quhich fair promeis made the persewar 
to renew the last contract in his awn name, and albeit he 
then fathfullie promitted to deliver the defender the said 
three bolls of bear and the first contract, quhich he awght 
to be decerned to deliver for clearing of the premises, and 
if so be that the first and last doe not agree in every poynt 
and clause of the samyn, its most unjustlie and fraudfullie 
keeped ' ; and accounts were cleared before John Mylne 
and Thomas Stenhous, portioners of Newtoune, ' quhich 
compts the said William Bullman hes most fraudfullie 
augmente since the tyme forsaid, quhilk the defender 
offers to prove and is willing to submitt himself to the 
whole neighbours in Newtoune.' — John Mylne, portioner 
of Newtoune, depones he was present with William Bul- 
man and Andrew Heitoune at accounting, and ' all difer- 



308 MELROSE REGALITY RECORDS 

ences wer cutt away betuixt them except the entrie monie 
acclaimed, and for the teynd acclamed he hard them speak 
of it bot knowes not quhether William Bullman was con- 
tent to quyt it, and for the scheips gres clamed it was 
refered to William Ker, punder, quhether or not it was 
payed be Andro Heitoun for William Bullman for the ces 
of the 1655 yeire of God.' Thomas Stenhous depones 
ut supra in omnibus, ' and that all clagges and clames and 
annualrents was all payed preceiding Whitsonday last, 
and that he hard William Bullman nawayes promitt to 
pay ane entrie.' William Ker, ' punder, suorne deponed 
he knew nothing bot that he received the gres maile fra 
Andro Heitoune to pay Bullmans cesse.' The judge in his 
interlocutor finds by the depositions that all claims are 
settled except 22 I. claimed of entry money, and absolves 
Andrew Heitoune from all except that, which he has re- 
ferred to pursuer's oath ; pursuer to depone whether or 
not he promised to relieve the defender of any part thereof 
at the hands of the Earl of Haddington.— 28th July 1660, 
absolves conform to interlocutor, except 22 I. and decerns 
therefor upon the pursuer's oath. ' Ext. exp. 24 s.' 

Melrose, 4th August 1660, Gideon Jackson 

Roimainhous James Sownhous in Blainslie complains against Edward 
Rolmainhous, portioner there, who about six years ago 
last Pasch received in the pursuer's name from Helen 
Rollmainhouse, wife of James Donaldsone, the sum of 
23 I. Scots, and that for payment making to Patrick Scott 
of Langschaw of the pursuer's teind duty to him in Blainslie 
which the said Edward has not paid as yet nor will re- 
deliver the same to the pursuer or else Scott's discharge. 
Also the said Edward ' yesterday tuik up a trie and offerit 
to fell the complinar therwith and did cast it at him for 
that effect.' Absolves defender in regard he produces 
Scott's discharge, dated 3d August 1660. 

Caimcross v. William Cairncrose of Calfhill, and John Ker of Preistone, 
his principal curator, sue Patrick Blackie sometime in 



SUNDRY ACTIONS 309 

Calfhill, his tenant, now in Uplaw, for 62 i. Scots as the 
balance of Whitsunday's rent of the one-third part of the 
room and lands of Calfhill possessed by him from Martin- 
mas 1659 to Whitsunday 1660. Decrns, defender absent. 

Isobel Hall, lawful daughter of John Hall, portioner of Hall ». 
Threepwood, sues Margaret Darleing, widow of Robert 
Darleing, portioner of Appelltrileives, for 20 1. Scots of 
fee, ' ane waistcoate, pryce therof , ane paire of 

timber heild schoes, price therof , of bounteth,' 

for a year's ' nurs fie and fostering of ane chyld to her 
about tuo yeirs since or therby.' Decerns for 15 1. 4 s. 
and ordains defender to deliver either the waistcoat or 
1 1. 10 s. Expenses, 2 merks. 

Thomas Stenhous, portioner of Newtoune, sues Thomas stenhous v. 
Ker, portioner there [sic] in Preistoune, and Janet Ker his 
sister, for 71. 9 s. Scots borrowed from the complainer 
within 12 weeks past. ' Denyes [sic] against the principall 
Thomas Ker in respect Jenet Ker denyed.' 

The bailie ordains Janet Scheill to deliver to John Hall, Haii». Scheiii. 
sometime tacksman of the mill of Longschaw, in satis- 
faction of her abstracted multures and knaveships, crop 
1653 or 1654, 43 s. 4 d. 

Absolves Robert Laidlaw in Allaneschawes from claim Laidiaw v. 
of Nicol Cairncroce in [Allaneschawes] against him, in 
respect pursuer circumduced the three terms of probation 
allowed him. 

' Nota, umquhill Alexander Uschar wes clerk to this 
proces, and in respect the bill is not lyand in proces 
it is thocht the persewar did not compeir bot absentit 
himselff with the lybellit proces, and the defender 
compeirand upon the last terme of probatione wes 
absolvit as said is.' 



310 



MELROSE REGALITY RECORDS 



Erskine v. 
sundry. 



Absolvitor, 
Merser v. 
Darling. 



Melrose, 6th October 1660, Gideon Jackson 

John Arskein of Scheilfeild, portioner of Lessudden, sues 
John Bryden there for 20 merks paid by the pursuer for 
him to Lord Cardrose for bygone teind at Martinmas two 
years past. Decerns conform to the libel and officers' s 
execution ; 20 s. expenses. 

Also he sues Andrew Turnbull there for 20 I. due in 
like manner. Decerns ; expenses, 13 s. 4 d. 

Also Mark Kyle, there, for 13 1. 2 s. as balance of price 
of ferme bear due to pursuer two years ago for the ferme 
of the pursuer's own lands in Lessudden possessed by him. 
Decerns ; 20 s. expenses. 

Complaint by Andrew Phaup, officer in Melrose, and 
Adam Darleing in Westhouses, and William Edgar, pro- 
curator fiscal, against James Merser, portioner of Gattoun- 
sid, as follows : — The defender by his ticket dated at Edin- 
burgh, 27th September 1656, granted him owing to Bar- 
bara Bennet, widow in Edinburgh, 8 I. Scots, to be paid 
on demand under pain of doubling. She assigned on 23d 
July 1657 to the said Adam Darling, who raised action 
and obtained decree interponed for payment dated 
17th October 1657, whereupon James Boustoune, officer, 
on 29 October charged Merser to pay the 8 1, with a year's 
interest and 10 s. of expenses of plea, within 15 days ; 
which charge being anew intimated by Andrew Phaup on 
14 April 1660, and at Gallascheills on Michaelmas day last, 
the said Andrew on 2d October instant came to Merser' s 
house to poind, whereupon the defender ' deff errit and stoppit 
the persewer from poynding of som quheit of his efter the 
persewer had comprised ane example therof.' For this 
deforcement he ought to be fined and punished conform 
to act of Parliament. Compeared the defender ' and pro- 
duced ane discharge daited 7 or 8 moneths since the assigna- 
tion, maid faith and deponed he payed the debt to the 
principall debitor Barbara Bennet.' 

chishoim and Complaint by John Drumond, James Symesone, John 
Bouston, etc. Bowstoun, portioners of Dernick, against Andrew Chis- 



THE BIRLAW COURT 311 

holme, John Mosse, younger, portioners there, for them- 
selves and the rest of the portioners of Darnick interested, 
as follows : — The pursuers, their predecessors and authors, 
have been past memory of man in use to pasture * upon 
the grund of the said land of Darnick each on of them 
ane horse or meire conforme to their richt and posses- 
siones of their landis and heritages ' ; but, after the 
' birlawmen ' had refused to poind them, the said Andrew 
Chisholm and John Mos ' instigat the whole neighbours of 
the toune to come and poynd them for pasturing of thes 
horses deu to be pasturit and keepit be them as ther pre- 
dicessors have bein in use to pasture and keep for working 
and labouring of their grund, and spolizet and away took 
furth of each on of their houses their fyre vessell beffor 
Lambes last and still keeps and detaines the same from 
them to their gret prejudice and skaith,' thinking by this 
oppression to prejudge their right. They crave redress, 
punishment of the intruders, and to be defended in their 
possession. Defenders compearing denied the claim and 
'granted and confest that they and the haill neighbours 
of the town (except the persewers) in their birlaw court 
hes unanimouslie condescended that each sex aikers of 
land sail keep ane horse or meire, and hes stentit the same 
sex aikers of land to keep and pasture therupon ane horse 
or meire in all tyme cuming, and the saids complinars are 
to keep conforme to the said stent and according to their 
possessiones and na farder.' The bailie absolves the 
defenders, and interpones his decreet to the said conde- 
scendence and stent agreed on in the said birlaw court ; 
whereupon the said John Boustoune asked act of court 
and instruments. 

Melrose, 13th October 1660, Gideon Jackson 

John Greive in Blainslie asks the judge to interpone his Grieve v 
authority to a decreet obtained 12 August 1653 before the Fogo " 
Sheriff of Roxburgh against Marion Fogo in Blainslie for 
6 1. Scots with 20 s. of expenses of plea. Decerns upon 
production of the decreet ; 13 s. 4 d. expenses. 



312 



MELROSE REGALITY RECORDS 



Blackie v. 
Merser. 



Janet Merser, daughter of James Merser in Gattounsid, 
sues Thomas Blakie, herd in Housbyre, for ' ane stone 
of wole, and a pund,' and a pair of ' duble sold schoes ' 
of bounty, ' for milking his yewes in summer,' price 24 s. 
Absolves, defender deponing ' he hired her 13 weekes and 
sche deserted his service 20 dayes.' 



Strong v. 

Notman. 



Complaint by Mr. James Strong, schoolmaster at 
Melrose, against John Notman in Blainslie, and John 
Blackie, in Whitslaid, as follows : — The pursuer obtained 
decreets against Thomas Feirgrive, elder, in Colmslie and 
others for 7 I. 10 s. with 10 s. expenses, due to him from 
the room and lands of Colmslie, half of which was due to 
the said John Blackie to pay to the said Mr. James, who 
obtained arrestment against the said John Notman on 
30 July 1660 and arrested ' ane mickle kist, ane bedd, ane 
boorde, with some uther sort of plenisching,' for the 
31. 15 s. and 5 s. of expenses. Decerns to make forth- 
coming. 



Henderson v. 
sundry. 



Complaint by Margaret Hendersone in Gattounsid, and 
James Boustoune her spouse, against William Bell and 
William Hoy, portioners of Gatounsid, George Kertoune 
and Robert Halliwall there, ' birlawmen,' as follows : — 
On 3d July 1657 they obtained decreet before James Lyth- 
gow of Drygrainges against these persons ordaining all the 
portioners to convene and stent themselves for 20 merks 
as the price of a -feather bed furnished by said Margaret 
' for the use of the said toune to the garisowne of Hali- 
doune to the use of them in anno j m vj c and fiftie 
yeires,' comprised thereto at the time by Robert Philp 
and John Halliwall called of the Croce and John Scott, 
and 13 s. 4 d. of expenses in obtaining said decreet. Judge 
interpones his decreet ; 13 s. 4 d. expenses of extracting. 



Davidson v. 
Taylor. 



Complaint by Davidsone, portioner of Blainslie, 

against George Taylor there, who owes him half a boll of 
bear promised at Beltane last, with a pair of ' new bootes,' 
in presence of John Pringle and James Donaldsone. Con- 



ACT REGARDING MARKETS 313 

fesses the boots ; modifies 8 s. sterling. Denies the bear ; 
admitted to pursuer's probation. 

The bailie ordains all those who are liable in payment of Sumervel v. 
the schoolmaster's fee to pay the same to him conform su 
to the stent roll produced in judgment, for what is justly 
owing, between Candlemas and Martinmas. 

Melrose, 13th October 1660 

' Forsamickle as ane noble and potent earle, John, Earle ' Act annent 
of Haddingtoun, Lord Bynning and Byres, etc., heretabill mercat wUh 
proprietar and superior of the lordschipe and regalitie vlctua11 -' 
of Melroseland, and hes guid and undoubted richts to 
uplift the mailes kaines customes and uther casualities 
belonging therto and to hold courts att all occasiones 
requisite and three frie faires yeirlie within the burgh 
of Melrose and ane weeklie mercat to be halden within the 
said burgh upon the Saturday, as in the said noble Earle his 
infeftment of the said lordschipe and regalitie of Melros- 
land att maire length is contained ; And forsamickle as 
be the great trubles that hes been upon this kingdome 
these many yeires bygone the said weeklie mercat hes 
almost altogether decayed be reason of the haile inhabi- 
tants within this paroch who aucht and sould bring their 
cornes to this mercat doth carie them to uther mercats 
in the cuntrie, to the great hurt and prejudice both of 
themselves and the people and inhabitants of the said burgh 
of Melrose for want of the said weeklie mercat : For 
remeid quherof in tyme coming the bailie doeth heirby 
statute enact and ordaine lykas he be thir presents inactis 
statuts and ordaines, that the haile inhabitants within the 
said lordschip of Melrose who are dwelling within the 
paroch therof and schireffdome of Roxburgh and Berwick 
who are vassalls to the said Earle and holds their landis 
of his Lordship, who hes any victuall of what qualitie 
soever to sell or any uther commodities, that they bring 
and present the said victuall, aither wheit, beire, pease or 
ry, or meile, or ony uther comoditie as flesch, skine or 
hydes, or ony merchant waire, to the said mercat of 



314 MELROSE REGALITY RECORDS 

Melrose upon Saturday nixt the 20 day of October instant, 
and if the samyn be not sold that day they are to present 
the said mercat ther with uther three Saturdayes therefter 
day efter day and offer the samyn in seale to any who 
will by the samen, and if the said victuall or ony uther 
comoditie quhatsumever be not sold the last of the said 
four mercat dayes they sail be frie to goe therwith to 
quhat mercat they please ; and if ony of the said Earle 
his vassalls within the said lordship sail keep their victuall 
at home or be fund selling their cornes in any uther mercat 
nor the said mercat of Melrose efter the daite heirof, they 
and ilkane of them sail be lyable in payment of the soume 
of tuentie markes for ilk tyme they sail be seen or appre- 
hended in uther mercats or if the samyn sail be proven 
against them be ony of their neighbours within this paroch 
or any who sail delate them to the said bailie. And for 
the peoples better incuragment to come to the said mercat, 
the bailie doeth heirby declaire that they sail be frie of all 
customes for the space of ane yeire to come ; and ordaines 
Alexander Uschar to make intimatione heirof att the mer- 
cat crose this day, being the heid court day, to the effect 
that nane may pretend ignorance heirof.' Alexander 
Uschar, officer, intimated this at the market cross to the 
whole feuars and vassals, being present on this head court 
day ; witnesses, Andrew Kirtoune, burgess of Jedburgh, 
and Philip Blackie, burgess of Selkirk. Also publicly read 
by him in face of court in presence of the vassals and feuars 
convened in the tolbooth. 



Melrose, 27th October 1660, Gideon Jackson 

mackfe 1 "' Andrew Aitchesone, herd in Allenschaws, complains on 

Patrick Blackie, herd in Uplaw, in regard the pursuer 
sowed ' upon the grund of Wolplaw ' last crop 5 bolls of 
oats and rye estimated to the third corn, extending to 
15 bolls with the fodder, ' which cornes and fodderis the 
said Patrick Blaikie hes eaten and destroyed both beffor 
and efter the scheareing.' and the complainer caused 
comprise the same both before and after the shearing by 



SUNDRY ACTIONS 315 

William Fischar, James Moffit, James Stoddert, and 
, as their note will declare, price of each boll with 
the fodder 6 1. 13 s. 4 d. — William Fischer, James Moffit, 
John Hall and William Moffit [sic] passed to the ground 
of Wolplaw and comprised the corn and declare that the 
goods Patrick Blackie should have kept have eaten 
and destroyed 8 bolls of oats, rye and bear. Attested 
at Melrose, 27 October 1660. Decerns conform to the 
comprising, defender absent, and modifies for each boll 6 1. 
' condescended upon be the comprysers to be all oats.' 

4 merks expenses of extracting. 

Andrew Penman in Melrose sues Andrew Kennidie in Penman v. 
Darnick for a boll of bear, Darnick measure, counting enne y ' 

5 mickle fulls thereto, crop 1659, ' for ane ox hyre ' ; also 
for ox hire this crop, 6 small fulls of the same ; price of the 
boll, 1659, 12 1., and 1660, 6 1. 13 s. 4 d. He is also owing 

9 1. 13 s. 4 d. for the agreed-on price of a boll of seed oats 
bought from complainer last seed time, and * four groats ' 
as balance of ' ane nolts price ' ; two fish worth s. 
apiece, or 24 s. ; three threaves of oat straw at ' viij [sic] 
the thrawe ' ; two threaves ' for the bounteth of the ox 
draucht.' Held as confessed ; modifies for the bear, 1659, 

10 I., crop 1660, 6 1. ; oats, 9 1. 13 s. 4 d. ; ' nolt, 16 s. ; 
fisch, 1 lib. ; strae, 2 lib.' Sum total, 27 1. Is. 4 d. ; 
20 s. of expenses. 

Complaint by Helen Hay, goodwife of Drygrainges, on Hay v. Bell 
George Bell, portioner of Reidpeth, and John Rodger, an ° ge1- 
younger there, who about half a year ago became caution 
to the complainer for John Andersone, portioner of Reid- 
peth, for 71. 4 s. as the balance of ' tuo stones tuo punds 
and a half stane of cheis ' bought by Anderson from her. 
Paid judicially. 

James Meine in Wester Langlie delivered to Andrew Mein v. 
Kennedy in Darnick in July last 9 I. Scots for paying the " ie y * 
monthly maintenance of the Newtown mill for six months, 
who keeps up the same from the collector and the latter 



316 MELROSE REGALITY RECORDS 

has sent forth troopers and the pursuer was necessitated 
to pay the same over again with 54 s. of deficiency money. 
He also owes the pursuer half a stone of cheese, price 
18 s. Decerns conform to the claim ; ext. exp. 13 s. 4 d. 

Scott v. Vair. Janet Scott, wife of James Symesone in Darnick, sues 
John Vaire, weaver there, for 6 1. 7 s. as balance of a greater 
sum, promised to be reckoned for three years ago. Ab- 
solves because the defender depones he owes nothing. 

Meini/. John Meine, mason in Newsteid, complains against 

Bunzie. John Bunzie, Wester, weaver there, and James Merser 

there, who within these 10 days did wrongfully ' delate the 
persewar to the bourlaw men for alledgit houkeing and 
home bringing of comone brome,' whereupon the bourlaw 
men have poinded his pan ; and they ought to be punished 
' for calumniating the persewers good name.' Claim 
denied. ' Ordaines to deliver back the pan and passes 
the persewar for this fault and ordaines him not to doe 
the like under the paine of fyve punds.' 



Melrose, 10th November 1660, Gideon Jackson 

Kyle v. Parke. Complaint by Helen Kyle, wife of John Jamesone in 
Lessudden, against Margaret Parke, widow of Patrick 
Riddell, portioner there, as follows : — The said Helen and 
her husband ' being bigging ane little house to put sheipe 
into upon hir awn proper heritage,' the defender master- 
fully came to the same ' and did cast the samyn to the 
grund were not sche was impeded be the persewer ' ; so 
she desires the bailie to appoint so many of the ' alder- 
men ' in the town to ' passe and cognose upon the said 
grund that the persewer and her said spouse may be put 
in the peaceable possessioune therof.' — 13 October 1660, 
the bailie ordains Robert Kyle, smith, James Cochrane, 
Thomas Huntar, and Andrew Bryden, to take cognition 
and report in writing. — 16th October 1660, Robert Kyle, 
smith in Lessudden, James Cochran, portioner there, and 
Thomas Huntar there, went to the ground and ' hes 



PROPERTY DISPUTE 317 

ordaind that the said John Jameson and his spous, heretrix 
to that house and grund, sail build that littel house bewest 
the doore of their duelling house, it being prejudice to 
non clearlie known and understood to us and neighbours 
in the towne, and that they sail uplift their midden from 
the place quher it is and lay it in the hole and hold it there, 
and for the forsaid Margret Parke ' (who is called widow 
of Patrick Riddell ' callit of Sant Booswells ' ) ' sche or ony 
in hir name sail have frie isch and entrie to the aid merch 
stone at the gaite beside the high street that goes throw 
the towne betuixt Edinburgh and Jedburgh and frie cairt 
gaite there all used and wont and no farther att all.' The 
report is written at Lessudden by John Maben, schoolmaster 
at Maxtoune ; witnesses, David Unes, officer in Lessudden, 
and the said John Maben. — 27th October 1660, continued 
interposing his decreet until defender produced a charter and 
sasine of her own or deceased husband's shewing the ground 
to be hers. — 3 November 1660, ' in respect of the bailies 
absence continues ut anteauntill the nixt court.' — 10 Novem- 
ber 1660, compeared William Riddell, son-in-law to the said 
Margaret Parke, proper heritor of the lands of St. Boos- 
wells and lands pertaining to deceased Patrick Riddell 
lying in Lessudden, ' and desiret that the persewer may be 
halden to purchas the haile heritors of the grund and lands 
of Lessudden thair consent for building the little house 
betuixt and the 25th of Merch nixt ; which the persewers 
husband of his awin consent hes offerit and undertaken 
to doe of his awin consent as said is and notwithstanding 
incais the said Patrick Riddell produce any sufficient richt 
to prove the grund to belong to his predicessors and him 
to stoope the said house bigging it wes to be admitted.' 

Eupham Cairncroce in Colmslie sues Andrew Darling in Caimcross ». 
Appelltrileives for 8 1. Scots as balance of annualrent of Darhn s- 
a certain sum due and promised a year past last Martin- 
mas. Held as confessed ; 10 s. 8 d. expenses. 

James Mertoun, tailor, portioner of Melrose, sues Nicol Mertoune v. 
Cairncrose in Allenschawes for 31. 6 s. Scots as balance 



318 MELROSE REGALITY RECORDS 

of price ' of certain furnitur and for taylor worke wrocht 
be the persewer to him ' about 3 years ago, ' att and about 
the tyme of his mariage.' Cited by Andrew Phaupe, 
compeared not ; held as confessed. 

Merserw. Alexander Merser in Ersiltoune sues John Notman in 

Colmslie and Isobel Smith his spouse for 151. Scots as 
balance of price of malt bought from pursuer before Whit- 
sunday last. Decerns as confessed ; expenses, 20 s. 

Haiiiwooie John Halliwoole and Robert Meine in Gatounsid sue 

Thomson and Jean Thomson in Darnick for 5 1. Scots as agreed-on price 
Eiieis, f a fi r lot of oatmeal bought from them at Fastingseven 

last, to be paid last Lammas. Decerns conform to the 

claim. 

Also against George Eilleis there for 4 I. 4 s. as balance 

of price of a firlot of oatmeal bought as above. Decerns 

conform. 

Merser v. Complaint by Alexander Merser in Ersiltoun as follows : 

— William Anderson, portioner of Reidpath, granted bond 
on 19th April 1658 at Ersiltoun to the pursuer for 91 1., 
and paid part thereof, and in corroboration of the balance 
(seeing pursuer at his desire stayed execution till the 
separation of the present crop) he disponed to the said 
Alexander his corn growing on that part of the lands of 
Craighouse possessed by him, and as much of his corn 
growing in Sumnersyde of Ridpeth as will complete the 
sum due conform to market prices as they are between 
Michaelmas and Martinmas this year, and obliged himself 
' to scheire, bund, stack, leid home to the towne, build, 
stack and cover the said cornes in barne yaird within the 
toune that the said Alexander Merser or his forsaids sowld 
pleis make choose of,' and accord with the pursuer for the 
price and deliver the victual, and if not completely paid, 
to make up the deficiency out of the readiest of his other 
corn, under a penalty of 10 1. This bond is registerd in the 
commissary books of Berwick, 14 December 165 ; but 

there is 61 1. still due, with two years' interest at Whitsun- 



ECKFORD AND MERSER v. WRIGHT 319 

day next. Registered bond produced ; decerns for the prin- 
cipal sum, rebating 30 I., which pursuer deponed was paid 
by five bolls of oats at 6 1. the boll about two years ago ; 
expenses, 8 1. ; principal, interest, and expenses, 79 1. 16 s. 

Complaint by Margaret Eckf oord, widow of Robert Meine, Wright v. 
portioner of Gattounsid, and James Merser, now her spouse, M^sei? and 
as follows : — Thomas Eckfoord, smith in Innerleithan, 
by deed dated at Melrose 11 November 1642, assigned 
to her 800 merks due by deceased William Wricht ' called 
the Nether Smyth in Gattounsid ' and his cautioners to the 
deceased Bernard Meine, lawful son of deceased Robert 
Meine, portioner of Gattounsid, with 4 1. of expenses, and 
the bond itself, containing clause of relief whereby the said 
William Wricht obliged himself to warrant and relieve the 
said Thomas Eckford, his father-in-law, of the interest of 
the said 800 merks during the said Margaret Eckford' s 
lifetime ; but the said interest is due to the complainer 
these past six years at Martinmas last, and extends to 
192 1. and William Wricht, son and heir of the said William, 
will make no payment thereof unless compelled. The 
defender, William Wright, in Gattounsid, alleges that the 
cedent had no right and so the pursuers are not competent 
to pursue, and any interest addebted will belong to the 
deceased Bernard Mein to whom bond was granted ; and 
the passive titles must be instructed and the defender 
allowed further defences. It is answered that the produc- 
tion of the bond is sufficient, made by defender's father 
to deceased Thomas Eckfoord, the pursuer's father, for 800 
merks, to be paid * to the aires of umquhill Robert Meine, 
which umquhill Robert Meine was son-in-law to the said 
deceist Thomas Eckfoord and husband to the persuer, and 
the annualrent be the obligatione is appointed to be payed 
be the deceist William Wright to Margaret Eckfoord the 
persewar all the dayes of hir lyftime,' and also the prin- 
cipal and interest are both assigned by Thomas Eckford 
to her and her husband, which assignation is also produced. 
In additional defences it is alleged that the sums libelled 
are satisfied in respect that parties met in Gattonside in 



320 MELROSE REGALITY RECORDS 

persence of neighbours and at Candlemas 1659 agreed for 
William Wright's paying to the pursuer 90 1. Scots in 
satisfaction of all byrun interest then due, which sum was 
paid by him to the said James Merser. In reply the 
pursuer declares ' that incaice there had such ane agree- 
ment been made at Candlmes 1659, the defender ought 
not onlie to pay the sowme of 192 lib. but also ought to 
pay the sowme of 33 lib. 6 s. 8 d. for the penaltie of the 
breake of the faithfull condition made befor sundrie 
famous witnesses,' who can prove ' that the defender is 
not onlie to pay the sowme off fiftie merkes of penaltie bot 
sicklyk every on of them to be in thair own place as for- 
merlie and that condition to be null and of no availe,' 
and desires the judge to consider ' the persuers estait and 
condition quhilk is clearlie known be the hail neighbours 
that the persewers haile familie hes been lyke to sterve 
sundrie and divers tymes for breake of the conditione 
made be the defender and hes forced the persewer to pro- 
meis pennies for on for thair lyvliehood and intertainment 
of thair bodie,' and so desires sentence in favour of the pur- 
suer ' in regard the poor woman cannot be wronged nor 
her husband for his intres of the annualrent.' Alexander 
Uschar, married, 33 years, depones ' he knowes that 
James Merser in Gattounsid as principall and Thomas 
Merser his sone as cawtioner wase resting to William 
Speiding in Gallaschells a certane sowme of money con- 
tained in a registrat band and decreit obtained be the said 
William against him, and heiring that William Wright 
in Gatounsid was resting to the said James Merser he 
caused the said Alexander arreist be vertew of the said 
decreit 40 punds les or mair in his hands, quherof the said 
William Speding obtained decreit against the said William 
Wricht, and the said Alexander deponit he saw William 
Wricht pay William Speiding in presence of James Mersers 
self ten punds and William Speiding gave William Wricht 
Mertymes 1660 to pay the uther 20, quhich makes up in all 
30 lib.' John Halliwool, weaver, deponed, that William 
Wright delivered and is to deliver to him 24 1. ' for James 
Merser sones prenteis fie of the sowme acclaimed.' Robert 



ECKFORD AND MERSER v. WRIGHT 321 

Mein, mason in Gattounsid, married, 28 years, depones 
he was present with the parties, who submitted to Robert 
Freir, John Halliwoole, James Boustoune, and John 
Halliwoole ' Croce,' and the deponer as oversman, ' quho 
entred upon and could not agree them, but att that 
same tyme James Boustoune and Robert Freir did agrie 
the parties for 90 lib. Scots in compensatioun of the 
bygone annualrents preceiding Candlmes 1659, 50 merkes 
quherof wes appointed to be payed att Whitsonday 1659 
and the rest and remnant at Candlmes 1660, and in caice 
it wes not dulie satisfied att thes termes preceislie, James 
Merser wes ordained to be in his awin place for quhat he 
acclames, and in caice the sowmes wes not fulfillit att 
Candlemes the first 50 merks to be quyt be William 
Wricht.' John Halliwool, called of the Croce, there, 
married, 36 years, deponed ut alter in omnibus ' except 
that part quher James Merser was to be in his awin place, 
and the certification of the losse of the 50 merkes, bot 
that there wes 30 punds of penaltie or 50 merkes, who was 
not content with the agrement or did break to uther.' 
James Boustoun, married, 50 years, depones ' Robert 
Freir and he agreed the parties, and declares at Candlmes 
1659 Robert Freir and he did setle the persewer and 
defender for the sowme of 90 lib. in full satisfaction for 
all bygon annualrents preceiding that tyme, quherof 
50 merkes wes to be payed att Mertymes 1659 and the 
rest att Candlemes 1660 under the paine of 30 lib. Scots 
to have been payed be the partie failzer or quho wes not 
content or did rew, and knawes nothing annent the pay- 
ment of the 90 lib. bot that it wes compted and reckond 
betuixt the parties that the whole sowme was satisfied 
be William Wricht to James Merser and his creditors. 
Robert Freir there, married, 46 years, depones he and 
James Boustoune agreed the parties, etc., as above. — 
The judge finds it proven that there was an agreement 
.for 901. in full satisfaction of bygone interest, and that 
the defender has paid 70 1. thereof to Merser and his 
creditors, and 20 1. is paid or to be paid to William Speiding, 
one of the said creditors, so he absolves him from the 



322 



MELROSE REGALITY RECORDS 



annualrents acclaimed, reserving action to the pursuer 
for the annualrent after Candlemas 1659. 



Melrose, 1st December 1660 

Ellis v. Gray. John Gray in Selkirk sues Thomas Eilleis, wright in 
Danieltoune, for 4 1. Scots ' for the persewers wricht worke 
wrocht be him to the defenders at the Countess saite in 
Selkirk kirk in anno 1656.' Defender denies the claim 
' that he imployed him, bot that he wrocht voluntarlie and 
wold uplift his vadges from the Tutors,' as he referred to 
his oath. Defender referred back to pursuer's oath, who 
refused to depone. Absolves. 



Langshaw v, 
sundry. 



Boston v. 
Boston. 



Ellis v. 
Wallace. 



Patrick Scott of Langschaw, titular of the parsonage 
and vicarage teinds of Blainslie, sues John Sownhous, for 
teind of two husband lands, 34 1. 9 s. and for the pendicle 
6 1. 2 s., inde 40 1. 11 s. Scots, crop 1659 ; Thomas Cald- 
cleugh, 53 I. 12 s. 11 d. for crops 1659 and preceding ; 
Robert Davidsone, 25 1. 15 s. 2 d. said crop. ' Decerns 
reservand modificatioune, except [ ? extract] against 
Caldcleuch ' ; expenses 20 s„ 

Thomas Bowstoune in Gattounsid sues Thomas Bous- 
toune there, called Duik Dube, for 18 1. Scots borrowed 
from pursuer a year past last Whitsunday, with the annual- 
rents since. Held as confessed ; annualrents, 24 s., 
expenses of extracting, 24 s. 

Complaint by James Eilleis, Over, in Melrose, against 
George Wallace, notary, who refuses to deliver up a dis- 
position and resignation, charter and sasine pertaining 
to the deceased Walter Scott, goodsir to Walter Scott, 
portioner of Melrose, of a tenement there, most part of 
which tenement is disponed by the deceased John Scott, 
son of the former and father of the latter, in favour of the 
pursuer, in which disposition he obliged himself to deliver 
the writs upon receipt and promise to make forthcoming. 
Defender granted having the writs ; pursuer produced 



'ANE DUIKE DUBE' 323 

this disposition by John Scott to him obliging himself to 
deliver the writs upon inventory. Decerns ; expenses, 
1 1. 4 s. 

George Cairncroce in Reidpeth sues John Anderson, caimcross v. 
portioner there, for 30 s. 4 d. Scots as balance of his fee Anderson - 
and a pair of ' double soled shoes ' or 36 s. for the same. 
Held as confessed ; modifies for the shoes 24 s. 

Thomas Cochran, portioner of Mertoun, sues Andrew Cochrane v. 
Riddell, portioner of Lessudden, for 7 1. 4 s. Scots as price 
of six small fulls of bear bought in May. Held as con- 
fessed. 

Robert Mylds in Gattounsid sues Robert Mylds there Myides v. 

Myides 

for 7 I. 14 s. Scots for three * mickel fulls ' good and suffi- 
cient seed bear bought from complainer last May, payable 
at Michaelmas. Held as confessed, 2d diet. 

John Meine in Gatounsid sues James Merser in Brigend, Mein v. 
who owes to ' ane Duike Dube in Gatounsid ' 7 1, and 
Duikdub owes the pursuer the same for oats, which oats 
the officer arrested for Duikdub' s rent, and Merser pro- 
mised payment to Dukedube at St. Peters day. Decerns 
conform to the libel ; 20 s. expenses. 

James Tait in Blindlie sues Robert Rae, younger in Tait v. 
Threipwood, for 5 1. as the price of 8 lambs bought by sundry - 
defender at Ersiltoun fair on 18th June last, to be paid at 
Michaelmas ; also John Laidlaw in Colmsliehill owes 8 I. 
' for his sones fie for ane yeire's service wrocht be him to 
the defender.' Decerns as confessed, 2d diet, defenders 
absent. 

Andrew Penman in Melrose sues Alexander Reidpeth, Penman v. 
portioner there, for 9 1. as price of a boll of seed oats Red P ath - 
bought at seed time, to be paid at Lambas last ; also 
12 s. for * three raike of his horse to the Faughhill this 
tyme tuo yeire or therabout.' Held as confessed, 2d diet, 
absent ; expenses, 13 s. 4 d. 



324 



MELROSE REGALITY RECORDS 



Williamson. Janet Dicksone, widow in Gallascheills, deponed ' that 
the cloake that Adam Darleing is persewing Thomas 
Williamson for wes umquhill David Pringill her husbands 
cloake, and that sche disponit the same to Thomas Wil- 
liamsone.' 



Wright v. 
Merser. 



Melrose, 8th December 1660, Gideon Jackson 

Complaint by William Wricht, smith in Gatounsid, 
against James Merser there and Margaret Eckfoord his 
spouse, as follows : — The complainer by his officer and 
precept 40 days before Whitsunday last warned the 
defenders to remove from a dwelling-house and yard of 
his possessed by them in the town of Gatounsid, but they 
still retain possession and ought to pay the violent rent 
and profits, which mail and duty is 10 1. Also although 
he has paid to them 90 I. Scots due by his bond, they 
refuse to discharge the same. Pursuer compearing, with 
John Rodger his procurator, and defenders with John 
Bunyie, their procurator, defences are given in as follows : 
— First, they took the house and yard from Janet Eckford, 
pursuer's mother, and so pursuer ought to serve heir first 
to his father [sic] ' and nixt entred to my lord as superiour 
of the grund ' ; secondly, craves that pursuer may prove 
the debt of 90 I. paid to them or any others in their name. 
It is answered that as to the first, the pursuer's mother is 
concurring and ready to concur in the process if need be, 
but it is offered to be proved that the subjects were taken 
even from the pursuer himself ; and ' it is most noture 
and weell known to the judge and neighbours about that 
the fewars and possessors of Gatounsid (albeit the most 
part of them be not infeft) are undoubted fewars kyndlie 
tennants and possessors of the houses and pertinents for 
payment of the few dewtie, and it is absurd to say that 
notwithstanding they may not sett ane house and yaird 
of the maile and dutie of ten pund nor call for remove- 
ing therfra without infeftment.' But the defenders must 
remove, because they, pretending right to the annual- 
rent of 800 merks due by pursuer and his deceased father 



ACTION OF REMOVING 325 

to them, have possessed the said house and yard with 
certain arable land therefor these many years past till 
Whitsunday 1659, when any interest due was paid and 
then they removed from the arable land, house and yard, 
and took again from the pursuer the house and yard alone 
for a year, which expired at Whitsunday last, for 10 I. 
of rent. And it is iniquitous to compel him to produce 
titles to a cothouse and yard of 10 I. Scots, for he has 
possessed the same, at least they by his tolerance, unques- 
tionably these 15 or 16 years past since his father's death. 
The judge finds the libel instructed by production of the 
warning and executions, and the pursuer's father's infeft- 
ment in the house and yard acclaimed, and the pursuer is 
most willing to enter heir to his father therein and has 
given bond to the Earl of Haddingtoun superior, for his 
composition ; and decerns defenders to remove ; and finds 
relevant and admits to pursuer's probation the claim 
anent house maill. 

Complaint by Andrew Sclater, portioner of Newsteid, slater ». Mein. 
against Andrew Meine there ' callit Wester Androw,' as 
follows : — Pursuer raised process against him to remove 
from his house and yard in Newsteid, and thereafter both 
parties submitted to Andrew Tunno, notary in Melrose, 
to agree them and decide what the defender should pay to 
pursuer. The arbiter in presence of John Meine, son of 
Robert Meine, Robert himself, Thomas Bowie, and James 
Meine, smith, ordained defender to pay 16 I. at Midsummer 
last, ' and then did writ ane disposition be the said per- 
sewer to the said defender,' subscribed in their presence on 
13th February 1660 ; but the defender will neither accept 
the heritable disposition and pay the sum decerned, nor 
remove from the subjects. Denied ; admits to pursuer's 
probation. — John Meine, son of Robert Meine in Newsteid, 
depones the facts as above. James Mein depones that 
Andrew Tunno ordained Mein to pay 161. to Andrew 
Sclater ' and nocht els.' Thomas Bowie in Melrose 
depones ' he wes witnes to the dispositione, and ut alter 
in omnibus.' The judge finds complaint proved and ordains 



326 



MELROSE REGALITY RECORDS 



Mein to pay the 16 I. and Slater to give him the disposi- 
tion. 



Thomson v. 
Fairbairn. 



Cochrane v. 
Thorburn. 



John Thomson, weaver, portioner of Lessudden, sues 
John Fairbairne there for 14 t. 13 s. 4 d. as price of two 
bolls of oats bought from pursuer about Martinmas 1658. 
Grants 14 1. ; decerns ; 20 s. expenses. 

Thomas Cochran, portioner of Newtoune, obtained 
decreet on 1 December inst. against Andrew Riddell [un- 
designated] for 7 I. 4 s. Scots and 13 s. of expenses, where- 
upon the said [sic] David Unes arrested in the hands of 
James Thurburnt in Lessudden so much ferme bear (due, 
I suppose, to Riddell), which he refuses to make forth- 
coming. Decerns, defender absent. 



Unes v. 
Bryden. 



Maxwell v, 
Redford. 



Mein and 
Hastie v. 
Lowrie and 
Blackie. 



David Unes in Lessudden sues James Bryden there for 
6 I. Scots as balance due for wheat bought about 10 years 
ago. Held as confessed, 2d diet ; expenses, 6 s. 8 d. 

Complaint by William Edgar, procurator fiscal of the 
regality of Melrose, and Thomas Reidfoord, portioner 
* there,' against John Maxwell, portioner there, to whom 
Reidford sold eight ' esch and elme trees ' in 1657, but he 
came to the pursuer's croft and cut and took away ten 
trees, the two additional ones being worth 5 merks apiece, 
which he ought to pay, besides the fine contained in the 
acts of Parliament ' anent incroching upon mens heritage 
and cutters of green wood.' Defender grants he cut nine 
trees, and denied the tenth ; avisandum to next court. — 
Deponed he cut no trees but those he bought. Absolvitor. 

Complaint by John Meine, mason in Newsteid, and 
Alexander Heastie in Newtoune, against Mark Blackie, 
portioner of Melrose, who became cautioner for James 
Lourie, portioner of Coldscheilles, to satisfy Mein for nine 
days' work at his mason trade, at 8 s. Scots a day, and 
Hastie for 30 s. Scots for service done to Lowrie. Decerns 
conform ; expenses, 10 s. 8 d. 



ACTION REGARDING WADSETS 327 

John Thin in Blainslie sues Robert Blaikie in Hagburn Thin ». 
for 50 s. Scots for a firlot of oatmeal bought from pursuer ac ie- 
in Gallascheills market at Lambas ' bygone a yeire.' 
Decerns as confessed ; 6 s. 8 d. expenses. 

James Darling in Sorrowlesfeild sues Margaret Darleing, Darling v. 
widow and executrix to Robert Darleing, portioner of Darlm s- 
Appelltrileives, for 25 1. of fee for service wrought by pur- 
suer to him and her ; also 8 1. of the balance of fees. 
Refers to pursuer's probation. Pursuer deponed Edward 
Darleing and Thomas Darleing ordaned her to pay 27 1. 
Decerns for 27 1. ; 26 s. 8 d. of expenses. 

Andrew Heitoune, portioner of Newtoun, complains that Heitoun v. 
William Bullman, portioner there, detains a Contract of 
wadset between him and deceased John Heitoune his 
brother on the one part and deceased Stephen Bullman, 
defender's father, on the other part, dated as ' therin con- 
tained,' whereby for 340 merks paid by Stephen to David 
Dobsone in Lessudden (in their name) for redemption of 
' that single half land in Newtoune ' formerly wadset by 
said David Dobsone they [but it does not say what they 
did]. Also he detains another Contract of Wadset be- 
tween same parties dated whereby for 530 merks they 
wadset to Stephen another half husband land with the 
onstead and yard belonging thereto. The pursuer has at 
the earnest desire of the said William Bullman renewed 
both these securities in his own name since his father 
Stephen's death, yet he detains all, whereas the old securi- 
ties in his father's name ought to be delivered up to be 
cancelled. Also he detains from the pursuer a Bond 
granted ' be him to him ' for 13 1., albeit the debt is paid. 
Likewise he promised to deliver or allow to the pursuer in 
the fore end of his ferme due to him 3 bolls of bear, crop 
1653, for the renewal of the said securities. Moreover, he 
keeps the letters of horning denouncing the pursuer for non- 
entry to the wadset lands, raised caption and apprehended 
and warded him, and now the pursuer being entered 
ought to have the letters, with a sufficient discharge, in 



328 MELROSE REGALITY RECORDS 

order to his relaxation. Bullman is also addebted to the 
said Andrew Heitoune in two fulls of wheat bought at 
Martinmas a year past, for 8 I. the boll, inde 32 s., and this 
year 3 small fulls, at 12 L the boll, inde 3 I. 12 s. ; and 
3 small fulls received by his wife at seed time last, at 9 I. 
the boll, inde 3 I. Pursuer deponed the defender promised 
to pay the bear. Decerns. [Nothing else about the case.] 

Bdi and Complaint by George Bell, portioner of Reidpeth, and 

Prin|ie. a ' James Lidderdane, portioner there, against John Pringill 
of Williamlaw, as follows : — James Anderson, portioner of 
Reidpeth, by his Disposition, dated at Ersiltoun, 15 April 
1656, sold heritably to the complainers equally between 
them his two husband lands in Reidpeth * with the sixth 
part of lands in Craigehous lyand within the toune of 
Reidpeth,' wherein they have infeftment and have right 
to all writs and securities concerning the same. A tack 
thereof was set by the said James Andersone ' with con- 
sent of the said John Pringill to quhom he had given full 
power of the saids lands ' to the said George Bell on 13th 
January 1655, for payment of 11 bolls of victual to Ander- 
son or Pringle between Yule and Candlemas, the first pay- 
ment to be between Yule 1656 and Candlemas 1657; but 
the lands being disponed as above, Pringle is denuded of his 
right to the property and tack duty, and ought to deliver 
up the Tack ; yet he will not exhibit the same unless com- 
pelled. Pursuers compearing, with John Rodger their 
procurator, and Pringle also compearing, with George 
Walker his procurator, defences were given in as follows : — 
First, pursuers to give their oath of calumny ; secondly, 
to produce the Disposition and infeftment upon which 
they found, and whereby the tack duty is said to be dis- 
charged ; thirdly, he ought not to exhibit the Tack, being 
by way of obligation, and he can prove that the bond 
containing tack is registered [23 June 1660] and extracted 
by him as his own evident for recovering the tack duty, 
and the pursuers may extract it from the register at their 
own expense, and whenever Pringle raises action for the 
bear contained in the bond or tack the said George Bell 



A REDPATH DISPUIT 329 

will be heard to answer, and Pringle to reply. In answer, 
pursuers require defender's oath of calumny whether he 
has just reason to withhold the Tack, register the same 
and pursue for the duty ; and the disposition and infeft- 
ment are in the hands of the clerk of court, to whom 
defender may apply for inspection. It is offered to be 
proved that Williamlaw denuded himself of the right he 
had from Anderson, and promised to deliver all writs and 
securities which he had of the subjects, and indeed did 
deliver to James Lidderane [sic], one of the pursuers, 
fourteen deeds, but has kept up this Tack ' whereby to 
truble the persewer and not advantage himself.' In addi- 
tional defences covering much the same ground the 
defender denies promising delivery of writs, especially the 
Tack, and inasmuch as he has caused register the same 
and charged George Bell, one of the pursuers, for the tack 
duty, he ought to have further execution and letters of 
poinding against him. The pursuers in replying produce 
the Disposition by the last heritor containing an ample 
discharge of the tack granted by him to Pringle ; and the 
tack being only granted by Anderson with defender's 
consent, and payable to either of them ; and as it would 
appear by Anderson's granting the said discharge that the 
tacksmen had chosen to pay to him, so the Tack is now 
the pursuer's evident as heritor, ' and any obleisment con- 
ceived in Williamlaw his favors ceisses, for George Bell 
and James Lidderdane cannot be both heritor and tennant.' 
Williamlaw' s right and interest is only as a naked consenter, 
and no more in law at the best than a factory or commis- 
sion to uplift the duty in Anderson's name ; and though 
James Anderson were the defender, he would have to 
deliver up the Tack as being extinguished and consolidated 
with the property of the lands in the person of George 
Bell, tacksman, and James Lidderdane ; ' and albeit 
(which makes the bussines like midday) Williamlaw had 
been constitut assigney to the tacke, as he is not bot ane 
naked consenter and factor whose factorie and mandate 
morte mandatoris tollitur, yet he could never get the dutie 
of George Bell, he haveing satisfied the same to his cedent 



330 



MELROSE REGALITY RECORDS 



bot of necessitie wald be forced to seek his releif of warran- 
dice of James Andersone ' ; and ' since as said is the 
taksmen and proprietar are now one persone yet sic 
debitum et creditum confunduntur and he must pay himself.' 
As to the last point, the pursuers protest that no execution 
can be taken against them till the fiars be liquidated and 
they heard to answer. — The judge ordains the pursuer to 
produce the infeftment, and the defender to produce the 
tack. — 10th November 1660, produced tack ; infeftments 
to be produced by next court day. — The judge finds by a 
heritable Disposition and infeftment following thereon, 
produced, that James Anderson, heritable proprietor of the 
lands contained in the Tack, sold and disponed the same 
irredeemably to the pursuers within three months after 
the date of the tack, which takes away the tack made with 
consent of Williamlaw, who has no right or interest in the 
lands but as mere consenter to the tack, and the pursuers 
have undoubted right to the lands and the whole fermes 
and duties thereof, and to all the evidents affecting the 
same ; therefore ordains defender to deliver the Tack to 
them with an ample discharge thereof, in respect it is 
registered, and the said Tack to make no faith in judgment 
or outwith the same in time coming in prejudice of the 
said George Bell. 



M'Calloand 
Turnbull v. 
Walker and 
Merser. 



Melrose, 29th December 1660, Gideon Jackson 

James M'Callo and Andrew Trumbell, portioners of Bou- 
den, sue Bartholomew Walker in Melroise for 5 1. as the 
price of a firlot of oatmeal bought from them at Whit- 
sunday last, to be paid at Martinmas ; also George Merser 
in Dernick for 5 1. for the like. Held as confessed ; 6 s. 8 d. 
expenses to each. 



Bunyie v. 
Riddell. 



John Bunyie, elder, portioner of Newsteid, sues Andrew 
Riddell, portioner of Lessudden, for the sum of 
" for intenting his bussines thretie four court dayes beffor 
the bailie of Melrois, quherof he acclaimes for each court 
day 6 s. Scots,' which he promised to pay. Modifies 3 I. 



LANGSHAW MILL MULTURES 331 

' by and attour anything formerlie receaved ' ; expenses, 
13 s. 4 d. 

Thomas Loukup, wright in Melrose, sues John Fischer Loukup v. 
of Wester Housbyre for 4 merits as balance of price ' of lsher ' 
the window lidds and caices of Old Melrose and for bandes 
therto.' Held as confessed. 

Complaint by John Notman, late miller in Langschaw Notman v. 
Mill, and Patrick Scott of Langschaw, his master, for his sundr y- 
interest, against the following for abstracted multures : — 
Mr. William Duguid, minister, portioner of Appelltri- 
leives, the multure of 24 bolls of oats, Roxburgh measure 
(5 mickle fulls to the boll), crop 1658, and the same of crop 
1659, with 2 bolls of ' hummell corne ' ; Margaret Darleing 
there, the same for crops 1658 and 1659. Also ' he ' 
complains against Andrew Darleing there who is due to 
him 10 1. partly for meal and partly borrowed silver at 
Midsummer last, to be paid at Lammas. (Decerns on 
pursuer's oath) ; and against Nicol Cairncroce in Allen- 
schawis for 10 1. 12 s. for meal received from pursuer at 
several times within the past year, payable at Beltane. 
(Decerns on pursuer's oath.) Duguid in his defences 
denies he is thirled to this mill, and desires it to be proven ; 
and ' he was never challenged as thirrell nor summond to 
come to the mylne, naither did ther ever as yet decreit 
passe against him ' ; and if decreet passed against his 
predecessors yet he is not tied, ' as also that decreit stands 
this day suspended and as yet lyes undiscussed, and to pas 
a second decreit beffor that which lyes befoir the supream 
in civells be discussed is contrarie the lawes of this 
natione ' ; and ' everie one of them hes a chartour beareing 
them free of thirlledge to any mylne, yea they are frie 
to bigge a mylne if they had the rent to it, as is heire to 
be seen ' ; fifthly, thirlage is part of a man's heritage and 
can only be discussed by advocates before the Lords of 
Session. The pursuers answer (1) that the thirlage of the 
ground possessed by Duguid ' is not to prove now ' ; 
(2) since ever Notman had interest in the mill he has 



332 MELROSE REGALITY RECORDS 

' allwayes been challenging and summonding and delayed 
decreits upon promeisses of better donditione nor deny- 
alles ; (3) as to not being tied like his predecessors, ' it 
seemes he is not in so good condition as his predicessors, 
als in ane farr better conditione for suspending, wee neid 
not speik of it ' ; (4) desire a sight of the charter freeing 
him from thirlage ; (5) there is no need here to discuss the 
question of thirlage, far less before the Session. — The 
judge finding by several decreets obtained at Langshaw's 
instance against the whole possessors and occupiers of the 
lands of Appelltrileives, often produced before him in 
former processes, that the lands of Appeltrileives have 
always been thirled to the mill of Langschaw ' and hes 
allwayes been in use and custome to grind ther haille 
grist thairat,' repels the defences and ordains defender to 
depone what he has abstracted. Compears Duguid and 
protests he had a supension ; next court assigned to pro- 
duce. — Absent and failed to produce suspension ; com- 
peared John Bunyie, pursuer's procurator, and produced 
a protestation thereof, dated January 1656, ' quherby the 
defender is decerned to make payment of the thirlled 
moulter lybellit conforme to the schireffis decreit and in 
tyme cumming.' 

\ynson». James Willson in Kaidslie sues John Chisholm, Craik- 

furd, for 100 merks of tocher promised with his daughter 
Margaret Chisholm 4 or 5 years ago, to be paid within a 
year, as stated in presence of James Scheill in Craikfurd 
and Thomas Wricht in Kaidslie. Before Pasch last parties 
submitted to Thomas Law in Melrose and said Thomas 
Wricht, who decerned defender to pay 20 1. at Whitsunday 
last, 20 I. at Whitsunday 1661, and 26 1. 13 s. 4 d. at Whit- 
sunday 1662 ; yet the first payment is still resting. Grants 
the sums and the terms of payment ; decerns to pay, as the 
terms come and go. Also he promised to make his daughter, 
pursuer's wife, ' ane bairne of the house of all the goods 
and geire pertaining to him ' ; denied, admits to probation. 
Thomas Law declares ' this within writtin lybell is all of 
trewth especiallie annent the promitting hir to be ane 



ACTION AGAINST TRESPASSERS 333 

bairne of the house.' Thomas Wricht depones the like. 
John Dawson depones he was not present ; quhen the first 
conditione wes made as to the alleged promeis ' but only 
heard it by report. James Scheill in Craikfurd depones 
he was present ' att the mariag agreing and hard the 
defender half grant to the lybell annent that part quher 
it is acclamed that the persewars spouse sould be ane 
bairne of his house.' The bailie finds it clearly proven and 
ordains ' the persewers [spouse] to be ane bairne of the 
defenders house and have ane portione of his goods and 
geir att his deceis.' ' Decerns ut supra, the defender pre- 
sent, ordaines the persewer to find cawtione to ansuer as 
law will.' 

Complaint by George Blackie and Alexander Uschar Act against 
in Melrose, tenants and tacksmen to John, Earl of Hadding- f e Newton, an 
ton, of the lands of Prairwood Eist and Howyairdes, New°"ead nd 
against the whole inhabitants, possessors and occupiers 
and cottars within the ' towne of Newtoune, Eildoune 
[Zeildon in margin] and Newsteid, who both daylie and 
nightlie frequent and resortes to and fra Melrose both 
Sabbath and week dayes,' and they have made ' ane 
common passage thorw out [lege our] quheit and rye of 
the saids lands to our great hurt and prejudice, and is 
not onlie content to goe and come upon the roods and 
passadges of old useit and wont, viz. everie man and 
woman to goe on efter another, bot to the complinars 
great hurt and skaith they goe sex or seven att others 
sydes, quhilk was never in use beffor past memorie of man, 
and hes made gattes and passages above 5 or 6 ells broad.' 
They crave an act against such as do not ' keep the old 
roodes useit and wont,' and ' to ordaine such ane breadth 
to them as reasson wold require to passe and repasse.'— 
' Ordaines ane rodde of three quarter broad under the 
paine of 4 s. Scots to be payed be each contraveiner toties 
quoties to be applyed to pious uses, and ordaines to make 
ditches on both sydes of the rodd att both ends therof 
schowing the breadth of the gate, that non pretend ignor- 
ance ; and to intimatt att kirk and croce.' 



334 MELROSE REGALITY RECORDS 

Wallaces William Wallace, merchant in Melrose, sues James 

Boustoune in Gattonside and Margaret Hendersone his 
spouse for 18 1. for a boll of oatmeal bought from the 
complainer last Whitsunday, to be paid at Lammas ; and 
3 1. Scots as the balance of the price of some bear, 1638 
[sic]. Decerns for the whole ; 20 s. expenses. 

Haiiiwooie v. Robert Halliwooll, portioner of Darnick, sues Robert 
Halliwoole, weaver in Gattounside, for 20 1. Scots borrowed 
three years ago last Martinmas, and a year's interest. 
Decerns as confessed, defender absent ; principal, 20 1. ; 
interest, 24 s. ; expenses, 20 s. 

Wallaces William Wallace in Melrose sues Thomas Law and 

Margaret Boustoune there for 5 I. 12 s. for three pecks of 
oatmeal and two cupfuls ; more lent a pair of ' cairdes,' 
a pound of candle, and ' ane muskeen of oylie.' Decerns 
as confessed, defender absent ; 6 s. 8 d. of expenses. 



Melrose, 12th January 1661, Gideon Jackson 

Somerviiie v. The bailie ordains all persons liable in payment of the 

sundry. schoolmaster's fee to pay the same to him conform to the 

' stent rowe ' produced, for what is justly owing for 1660. 

Freirz/. Complaint by George Freir, brother german of Robert 

a iwooe. Yvevc, flesher in Gallascheills, against Robert Halliwoole 
in Gattounsid ' callit residenter att Newcastell,' from whom 
two years past at Martinmas the pursuer bought two bolls 
of oats ' and ane smalle fow in to them ' and paid 4 I. Scots 
the boll, and to have immediate delivery, but he got only 
' three mickle fowes ' thereof and cannot get the rest or 
the price thereof. Defender absent, pursuer depones 
there is yet resting six firlots of oats. Decerns to deliver 
the oats, or 6 I. 

Brounieyes v. James Brounleyes, servitor to Joseph Harte of Chappell, 
sues Thomas Caldcleuch in Blainslie for 10 1. Scots with a 



SUNDRY DECREETS 335 

firlot of bear ' and that for sheareing to him in harvest 
bygone a yeire, and payment promitted within eight dayes 
efter the service.' Defender absent, pursuer deponed 
' the fie and bounteth all awand and that he served the 
whole tyme without absenting himself.' Decerns, modify- 
ing 33 s. 4 d. for the bear ; expenses, 16 s. 8 d. 

Complaint by Janet Heastie in Newtoune against James Decreet, 
Bryden, portioner of Lessudden, and Janet Kyle his wife, sundry."' 
who bought from him about 14 years ago a boll of suffi- 
cient bear, Lessudden measure, and received it at Whit- 
sunday 1644, to be paid at Martinmas thereafter, but it is 
still unpaid. Also she sues John Unes, portioner there, for 
15 1. 10 s. Scots for service wrought to him two years since, 
and half a boll of bear of bounty and ane ell of linen and 
* twa paire of schanks.' John Thomsone depones ' he hard 
James Bryden confesse ut supra.' Decerns for 20 I. [sic] 
and 24 s. of expenses. David Unes, Lessudden, depones 
' that within this moneth he being in companie with the 
defender John Unes hard him say that they [sic] wer dew 
to the persewer sex pund iiij s. vj d.' Decerns ; 6 s. 8 d. 
expenses. 

George Aird, herd in Bowdoun, sues Nicol Gibsone in am*. Gibson. 
Melrose for 34 s. Scots as balance of price of five ' wethers ' 
bought from pursuer about Martinmas 1659. Held as 
confessed, defender absent. 

John, Earl of Haddington, sues James Meine, son of Earl of Had- 
deceased John Meine, portioner of Newsteid, as one of the 2°" "" 
executors of the defunct and in name of the rest, for 30 1. 
Scots due by the defunct for 5 bolls of Annay ferme bear, 
crop 1639, with 5 capons at 9 s. apiece, unpaid at his death 
in 1659. — 12th January 1661, decerns as confessed. 



Complaint by Mr. James Strong, schoolmaster at Melrose, strong v. 
against George Blackie in Melrose, who refuses to make ac ie ' 
forthcoming 6 1. arreisted in his hands upon decreets 



336 



MELROSE REGALITY RECORDS 



obtained on 17 January 1657 and 31 July 1658 and 25 June 
1659 against William Tait in Lawdhopemure and others 
for 3 I. 12 s. ' Decerns ut supra ' ; 6 s. 8 d. expenses. 



Mein v. 
Hounam. 



' The heid courte of Melrose halden 25th of May 1661.' 

Robert Meine, elder, and John Meine his son in Newsteid, 
sues John Hownam, elder, in Bridgend, for 8 I. Scots for 
bear bought from them on 6th May 1660 ; and 5 merks 
for pease bought on 12th February 1660. Decerns, de- 
fender absent. 



Wright v. 
Merser. 



William Wright, servitor to the Laird of Faldounside, 
sues Andrew Merser ' Poole ' in Darnicke for 11 1. 4 s. Scots 
for bear bought from pursuer long ago, promised to be 
paid last Whitsunday. Held as confessed, defender 
absent ; 20 s. expenses. 



Scott v. 
sundry. 



John Scott, weaver in Gattounsid, sues Robert Orms- 
toune there for 4 1. Scots, being for a firlot of oatmeal at 
50 s. and 30 s. for cloth weaving. Held as confessed, 
absent ; expenses, 8 s. Also he complains against John 
Maben and Thomas Boustoune there who unjustly intrude 
in possession of ' half ane rige and ane butt of land ' wadset 
by William Wricht to the pursuer, ' and hes teild and 
mucked the samyn and thinkes to saw the samyn.' The 
bailie ordains John Scott to sow and possess the ground 
conform to his right, and the defenders to desist, and 
cease to trouble him. 



Law v. 
Wallace. 



Thomas Law and Margaret Boustoune his spouse sue 
William Wallace, weaver in Melrose, heir and executor to 
his father John Wallace, for 2 I. 13 s. due by defunct to 
said Margaret and 14 s. 8 d. to said Thomas ; also 12 s. 
Scots due by defender to her and 19 s. to said Thomas, 
for cloth working, and 6 cupfuls of bounty, ' wrocht to him 
two yeirs since.' Decerns, modifying 2 s. for the cupful. 
Total, 5 I. 10 s. 8 d. 



SUNDRY DECREETS 337 

Melrose, 8th June 1661, Gideon Jackson 

Andrew Fischer, fiar of Old Melrose, sues Thomas Law, Fisher v. Law. 
weaver in Melrose, for 12 1. Scots for certain ' fatt scheipe * 
bought from pursuer about February or March last. De- 
cerns on defender's confession. 

Decerns Thomas Caldcleugh in Blainslie to pay to Wil- Stirling v. 
liam Stirling, herd there, 26 s. as balance of his herd fee, Caldcleu & h - 
and six meikle fulls of oats for his ' herd bolle.' Modifies 
for the oats 8 1. Held as confessed. 

Melrose, 15th June 1661, Gideon Jackson 

Andrew Plumber, factor and chamberlain to William, piumber v. 
Earl of Roxburgh, sues Mungo Donaldsone in Melrose for Donaldson - 
36 1. Scots for three bolls of bear bought from the pursuer, 
to be paid at Candlemas. Decerns as confessed ; 24 s. 
expenses. 

Alison Pringill, widow of John Pringill of Cortillferrie, Pnngie v. 
sues Alexander Hoy in Colmslie for 6 1. for rent of a house oy ' 
there set by her husband to him from Whitsunday 1659 to 
Whitsunday 1660 ; and 4 1. for ' ane kyne and stirks grasse.' 
Alexander Hoy present and Thomas Feirgrive present in 
name of the pursuer, both referred absolutely to the bailie, 
who ordains defender to pay 10 merks in compensation 
of the whole claim. 

Thomas Boustoune in Gattounsid sues John Maben in Boustoun v. 
Coblehouse and Margaret Ranckin his spouse for 91. 6 s. Maben ' 
as balance of price of malt bought from him in February 
last. Held as confessed ; 13 s. 4 d. .expenses. 

Andrew Riddell of Newhous sues Margaret Darling, Ridden v. 
widow in Appelltrileives, for 60 I. Scots as the agreed-on DarUng - 
price of 5 bolls of bear bought from him in May 1660, to 
be paid at Michaelmas. Held as confessed, defender 
absent ; 4 1. of expenses. 



338 



MELROSE REGALITY RECORDS 



Wallace v. 
Wallace, 



William Wallace in Melrose sues William Wallace, 
weaver there, for 131. 12 s. Scots as balance of price of a 
boll of oatmeal bought at Whitsunday 1660. Held as con- 
fessed. 



Thomson v. 
DaiSing, etc. 



David Thomsone in Langhauch sues Adam Darleing in 
Westhouses and James Leithin in Gattounside for 40 s. 
and 50 s. Scots respectively for drink and other necessaries 
' taken on ' by the defenders from him three years ago. 
' Halds Darleing as cohfest ' ; expenses 6 s. 8 d. 



Freir v. 
Wright, 



Robert Freir, portioner of Gattounsid, sues Richard 
Wright, smith there, for 47 s. Scots for ploughing and other 
work wrought by pursuer and his servants to him in bear 
seed time 1660 ; and in May 1660 the defender set to the 
pursuer for his lifetime a piece of grass in the Hyndes 
meadow, and renewed his promise in February or March of 
this year in presence of William Wricht and Thomas 
Willsone, ' and promitted to take quhatever the com- 
plinar wold give him therfor,' yet he has anew set the same 
to Andrew Mar, ' who hes impeded and stopped the com- 
plinar in the possessione therof.' Ordaines Robert Freir 
to keep possession and Andrew Mar to desist, ' because of 
the defenders oath.' [Nothing about the debt.] 



Dallgleis v, 
Blackie. 



Walter Dalgleis in Hallidane sues George Blackie in 
Melrose for 23 I. 10 s. for ' ane fatt kow ' bought from 
complainer before Yule last. Pursuer deponed all is owing 
except 6 s. Expenses, 26 s. 



Hay. v. 
Forsane. 



Helen Hay, wife of James Lythgow in Drygrainges, sues 
Robert Forsan, miller of Newsteid Mill, for 36 1. Scots 
found due at accounting in Pasch last. — William Forsane 
depones ' that Robert Forsan acknouledged he sould have 
given Hellen Hay 20 lib. for his being miller att Newsteid 
mylne dureing that take and that he promitted to pay it 
att four termes, 5 Kb. every yeire, the first terme att Wit- 
sonday 1660, and that he promitted to pay 8 lib. for bygone 
cloath bletehing and for bygane [? might be kairfulis 



ACTION REGARDING A LEGACY 339 

or loads, — Jamieson's Dictionary] iiij lib.' Thomas Bowie 
depones as above, ' and that the 12 lib. suld have been 
payed att Witsonday last 1660.' Decerns as in the 
depositions ; 4 merks of expenses. 

Thomas Law, portioner of Melrose, sues John Maben in Law w. Maben. 
Coblehous for 71. 16 s. 8 d. Scots as balance of price of 
certain sheep bought by complainer from Andrew Fischer 
and sold to defender ' att his dochters brydell.' Fisher 
has decreet against complainer, but Maben refuses pay- 
ment. Held as confessed ; expenses 13 s. 4 d. 

Complaint by Bessie Rowmanhous in Blainslie, and Donaldson v. 
James Sownhous, her spouse, for his interest, against owmam ous> 
James Donaldsone, portioner there, as follows : — Some 
years ago she granted to the defender a procuratory em- 
powering him to uplift all debts and goods owing to her and 
particularly 100 merks bequeathed to her by the deceased 
Marion Rowmainhous, her sister, wife of the deceased 
James Greive in Blainslie, and he was to account for his " 
intromissions. This sum she is informed he either has or 
is to uplift from Margaret Davidsone, ' last relict ' of the 
said James Greive, and John Darleing, now her spouse ; but 
he will make no account for this or any other sum up- 
lifted already by him. He ought also to produce the pro- 
curatory. The defender compearing denies receiving or 
having possession of the procuratory, and the pursuer ought 
to produce it. The judge ordains the pursuers to instruct 
their right to the sum acclaimed by production of the 
testament of Marion Rowmainhous, and to prove that the 
procuratory was delivered to the defender, as he denies 
receipt thereof. — The defender compearing produced a 
discharge by the pursuers dated 3d July 1660. Absolves. 
Andrew Phaup, pursuer's procurator, protested that the 
defender's denial of the procuratory may not prejudge the 
pursuers in time coming. Admitted. 

Complaint by George Adamsone in Longnewtoune, Adamson v. 
Agnes Rutherfuird his spouse and James Adamsone his ' e " 



340 MELROSE REGALITY RECORDS 

son, as follows : — Patrick and Andrew Riddell, portioners 
of Lessudden, by Bond dated at Melrose, 11th November 
1658 granted borrowing from the complainers the sum of 
600 merks, to be repaid to the said George and his spouse, 
whom failing, to their said son and his heirs, by Martinmas 
1659, with 40 I. of penalty and the due annualrent ; and 
obliged themselves in security thereof to infeft them in an 
annualrent upliftable from half a husbandland ' and of 
these thair thrie quarters of land in Lessudden with the 
teynd scheawes thairof includit ' with the pertinents, 
lying in the town and territory of Lessudden, with 4 I. of 
expenses for failing to pay the annualrent in due time, 
and if two terms run into the third unpaid, to infeft them 
in the property of the said ' half husband land, teind 
scheawes thairof includit,' until redemption thereof ; with 
warrandice from all public burdens, maintenance, feu duties, 
services, and legal execution, except in the case of the 
complainers actually possessing. Moreover, neither of them 
being infeft as heirs to the deceased William Riddell their 
father, or the deceased David and Patrick Riddell, their 
goodsir and grandsir, they obliged themselves to obtain 
infeftment before 1st August 1659 at the hands of John 
Earl of Haddington, superior, which failing, the said com- 
plainers were to obtain heritable infeftment from the 
superior and the defenders to renounce all right and 
interest in the lands. On 18th February 1660 the said 
George Adamsone in presence of Mr. Andrew Hallibur- 
toune, notary, Thomas Unes, portioner of Lessudden, James 
Archibald there, David Kyle, smith there, and John Maben 
in Maxtoune, produced the said obligation, and because 
the said Patrick and Andrew Riddell had failed in the 
premises by not procuring themselves infeft, therefore pro- 
tested that it was now lawful to him to procure infeftment 
in the hands of the superior and that the Riddells had by 
nonentry forfeited their right and interest in the property, 
and thereupon took instruments. They therefore crave it 
to be so decerned. Pursuers compearing by John Bunzie 
in Newsteid their procurator, and producing the said 
obligation and instrument of protest, and the sasine fol- 



SUNDRY DECREETS 341 

lowing on the bond, dated 9th May last, and the defenders 
not compearing, the judge decerns Patrick and Andrew 
Riddell to have lost the right of reversion by their non- 
entry and ordains George Adamson and his spouse and son 
to enter thereto and hold of the superior, and enjoy 
heritable possession. 

Melrose, 22d June 1661, Gideon Jackson 

Andrew Marr, portioner of Gattounsid, sues Richard Marr v. 
Wricht in Gattounside for 14 s. Scots for a firlot of oats Wr, s ht - 
bought from the complainer in oat seed time last, and 30 s. 
for tilling a rig of land to him twice over ' and promitted 
to the persewer ane peice of grasse by and attour,' for 
which he ought to pay 16 s. Decerns on defender's con- 
fession, reserving execution ' for the aits price modifies 8 s. 
for the grasse lousseing.' 10 s. of expenses. 

James Doddis of Murecleuch sues Robert Reies, elder Doddis v. 
and younger in Threipwood, for 10 dollars at 58 s. apiece 
as the agreed-on price of ten ewes and lambs bought from 
the complainer two years past last Whitsunday, to be 
paid at Martinmas. Denies liability for more than half 
of the bargain, and refers to pursuer's oath, who deponed 
Robert Reis, elder, is full debtor. Decerns for the whole, 
' deducand ix lib. 10 s. for and ten shilling for pro- 

testatioune.' Principal, 19 I. ; expenses, 30 s. 

John Moffit in Threipwood sues George Mitchell in Moffat v. 
Darnicke for 4 I. Scots for peats bought from the pursuer MltcheU - 
two years ago. Referred to pursuer, who deponed he 
bought the peats ' and receaved part and suffered the rest 
to rotte.' Decerns. 

William Kennedie, merchant in Dernick, sues John Kennedy v. 
Andersone, portioner of Reidpeth, who gave him his ticket 
at Reidpeth, 29 December 1659, for 151. Scots, payable 
on 15th January 1660. Decerns conform to the ticket ; 
24 s. expenses. 



342 



MELROSE REGALITY RECORDS 



Thin v. 
Merser. 



Burne v. 
Pringle. 



John Thin, portioner of Blainslie, sues John Merser in 
Bridgend for 30 s. for peats bought from the pursuer's 
father six years ago, and payment promised, in presence 
of Andrew Phaupe, to be at Martinmas last. Decerns. 

Complaint by James Burne, weaver in Melrose, against 
George Pringill of Buckholme and Pringle his wife, 

as follows : — Six or seven years ago they were owing 
to the complainer 8 I. Scots for cloth weaving, and the 
complainer being then addebted to Patrick Fogoe, in 
Fannes, in the like sum for half a boll of oatmeal, Pringle 
promised to pay .Fogo in the complainer' s name ; * not- 
withstanding of which promeise the said George Pringill 
and uthers his factors and servands in his name caused me 
to make payment therof to the said Patrick Fogoe beffor 
they wold suffer or permit the complinar to remove out off 
Buckholme, he being then duelling ther, which the said 
Patrick Fogoe confessed and declaired upon the 29 of 
December 1660 last bypast ' as instruments taken in 
Andrew Phaup's hands attest ; and payment is deferred. 
Decerns on pursuer's oath, defender absent. 



Trotter v. 
Boustoune. 



Melrose, 29th June 1661, Gideon Jackson 

John Trotter of Eisterhousbyre sues William Bowstoune 
in Gattounsid for 55 s. Scots as balance of price of oats 
bought last Martinmas. Held as confessed. 



Halliwoll v. 
Wallace.. 



Complaint by William Wallace, merchant in Melrose, 
against John Halliwooll, weaver in Gattounsid, as follows : 
— On 29th December last he obtained decreet against 
James Boustoune and Margaret Hendersone for 21 1. 16 s. 
Scots with 20 s. of expenses, whereupon Alexander Uschar, 
officer, arrested in the hands of said John Halliwoole 40 
ells of linen cloth round and small, pertaining to the said 
James Bowstoun, which he refuses to make forthcoming. 
Defender denies the claim ; referred to his oath, who 
depones ' that the cloath wes conditioned to him beffor 
the arreistment wes laid one.' Absolves. 



LANGSHAW MILL MULTURES 343 

Janet Lorremor in Nether Langshaw sues George Lorimore v. 
Alexander for 4 1. Scots payable by him at direction AIexander - 
of Mr. Archibald Murray, and of which 12 s. is paid. 
Also his deceased father owed her husband 32 s. Scots. 
Defender denies the claim, ' and granted to give twa 
schilling for some worke of her husbands.' Referred to 
defender's oath, who refers back. Decerns on pursuer's 
oath, deducting 12 s. 

Complaint by George Alexander in Easter Langlie against Alexander v. 
John Dawsone in Craixfuird ' that quheras att Mertymes 
last ane hogge of the persewers raikeing to the grund of 
Craikfuird and his herd haveing socht the samyn and found 
it there, the said John refuses to delyver the same ' unless 
compelled. Defender ' granted the hogge.' Decerns to 
deliver it back. 



Melrose, 6th July 1661, Gideon Jackson 

Patrick Hatlie, miller at Langshaw mill, complains Haitiie v. 
against the following for abstracting their multures, crop 
1660 : — John Darleing in Blainslie, 12 bolls of victual, 
oats and 'umel ' corn, whereof the multure, etc., is 24 pecks. 

James Sounhous, 6 bolls ; depones ' he hes not abstracted 
above a bolle of victuall.' Decerns. 

John Sounhous, depones he abstracted 2 bolls of oats 
and a boll of bear ; decerns. 

John Stirling, 6 bolls ; absent, held as confessed. 

John Thin, 6 bolls ; absent, held as confessed. 

Agnes Hardie, 4 bolls ; ' deponed sche grand non by 
the mylne ' ; absolves. 

Robert Davidsone, 8 bolls ; absent, held as confessed. 

William Stirling, 2 bolls ; absent, held as confessed. 
' Continues the rest.' 

The bailie interpones his authority to a decreet pro- Bell v. Frater. 
nounced by Patrick Don, sheriff depute of Roxburgh, at 
the instance of George Bell, portioner of Reidpeth, against ... 
John Fratter in Langhauch, dated 16 June 1654, for 40 merks 



344 



MELROSE REGALITY RECORDS 



as the rent and duty of certain lands of Langhauch pos- 
sessed by him pertaining to the pursuer, for crops 1644, 
1645, 1646, 1647, and 33 s. 4 d» of expenses of plea. De- 
cerns on production of the precept raised thereupon. Also 
interpoiies decreet to another decreet by Charles Hauard 
of Navand, Esq., and Andrew Ker of Chato, Commissaries 
principal, at instance of same against same for 54 1. 13 s. 4 d. 
and 3 I. of expenses of plea, dated 16 December 1653. De- 
cerns on production of the precept raised upon the decreet. 



Moffit v, 

Aitchesone. 



Melrose, 27 July 1661, Gideon Jackson 

Complaint by Thomas Moffit in Allenschawis against 
Andrew Aitchesone, herd there, who about eight days 
before last Midsummer sold and delivered to the pursuer 
16 lambs at 14 [sic] the piece, inde 11 1. 14 s., ' wher the 
said complinar promitted him payment of three dollors 
therof in hand and I then delyverit to him tua therof and 
sould have delyverit him the rest 22 July 1661,' and he 
has since offered the balance to him, but he refuses and 
intends to take back the hogs and frustrate the complainer 
of his bargain, * notwithstanding the said lambes then 
delyverit to the complinar and markit with his keile and 
marke.' — ' Ordaines to delyver the money and delyver the 
lambes ' [sic]. 



Penman v, 
Waugh. 



John Penman in Melrose sues James Wauch there for 
4 1. 12 s. borrowed from the complainer at Newcastle two 
years ago at Lentrone. Defender absent, held as confessed; 
10 s. 8 d. expenses. 



-Rodger v. 
Cairncross. 



James Rodger, merchant in Edinburgh, sues George 
Cairncroce in Gattounsid for 15 1. Scots partly for meat and 
drink and partly borrowed money. ' Defender present 
grantit 12 Kb. Halden pro confesso for the rest ; ex. 15 s. 
exp, 30 s. ' [sic]. 



Fleabairne v. 
Pawson. 



Thomas Fleabairne in Ersiltoune complains that John 
Dawsone in Craiksfuird in bear seed time last intromitted 



BLAINSLIE TEINDS 345 

with ' ane fitt solme and ane pleugh brydle, by the quhich 
he laid the complinars pleuch four or fyve dayes,' and will 
not deliver them up. Decerns to deliver back the goods, 
4 and fynes in fyve punds for poynding att his own hands.' 

Complaint by Mr. James Strong, late schoolmaster at strong ?. Hoy 
Melrose, against Alexander Hoy in Colmsliehill, as follows : g"^ve air 
i — He obtained decreets against Thomas Feirgreive some- 
time in Colmslie, now in Maggiltpotts, for 10 merks ' for 
himselff and as elder of the kirke over these for quhom he 
is decerned to bring in and pay the samyn,' and Hoy being 
addebted to Fairgrieve in the like for house rent and cow's 
grass, the same was arrested in his hands on 7th June last, 
but he refuses to make it forthcoming. Pursuer com- 
pearing by Andrew Phaupe his procurator, produced the 
decreets and executions ; Hoy confessed the debt. De- 
cerned to consign the money in the clerk's hands to be 
forthcoming to the party having best right. Consigned, 
and took instruments and received the clerk's receipt, to 
be delivered back on his granting a sufficient discharge 
with warrandice. Extracted. 

; Patrick Scott of Langshaw, titular of the parsonage and Scott v. Soun- 
yicarage teinds of the town and lands of Blainslie, sues waUace! d 
James Sownhous in Blainslie for 25 1. 16 s. 9 d. and John 
Wallace for the same, crop 1660. Decerns conform to the 
libel. 

Melrose, 3d August 1661, Gideon Jackson 

William Muddie, son of the deceased James Muddie, Hay v. 
portioner of Darnick, sues Helen Hay, goodwife of Dry- 
grainge, for 40 s. as balance of half a year's fee wrought 
by him to her four years ago ; and 10 1. for another half 
year's service in the summer thereafter. Absolves de- 
fender upon oath, and decerns pursuer to pay to her 2 s. 
sterling ' restand to him to hir conforme to the accompt.' 

Helen Greive, wife of deceased Hew Brotherstanes in Stirling v. 
Blainslie, sues John Stirling, son of William Stirling there, 



346 MELROSE REGALITY RECORDS 

who owed her husband 8 1. Scots as the balance of the price 
of a nag bought by defender's father from her husband at 
Midsummer 1651 to be paid at Lammas thereafter ; and 
28 s. ' of the remaine of land tealeing that yeire.' His 
father made no payment, but the defender promised it at 
Whitsunday last and delivered to her two fulls of oats in 
part payment ' and therefter took the samyn back againe.' 
Defender depones he made no such promise. Absolves on 
his oath. 

Wallace v. Complaint by Mr. William Wallace ' Heleingtoune,' as 

Caidcieugh. followg ._ By Contract dated at Edinburgh 23d February 
1654 between him and Thomas Caldcleuch then in Braid- 
woodscheill, now in Blainslie, he set in tack to Caldcleuch for 
five years * these three husband landis in Nether towne of 
Blainslie then occupiet and possest be Issobell Gray, relict 
of umquhill John Sownhous, portioner of Blainslie,' with 
houses, yards, orchards, teinds, ' owtfeild and corne grund, 
mose, mure, meadowis ' etc. for payment of 8 bolls of bear 
and 8 bolls of oatmeal ' of the old mett and measour uset 
and wont ' yearly for the first three years, and for the last 
two years 8 \ bolls of each yearly, payable between Yule 
and Candlemas, beginning at Yule 1655. Caldcleuch was 
to relieve the granter of the teinds, feu-duties, carriages 
and kain fowls, and Wallace was to allow to him all monthly 
maintenance, quarterings, outrigging of horse or foot, or 
other public burdens, ; as uthers heritors of the toune of 
Blainslie does to their tennents.' Caldcleuch also under- 
took ' to put up the haill houssis now standing ruinous in 
the saids landis and buy timber therto and big stone and 
timber worke and theike the saids houses on his own 
charges, and the said Mr. William sail allow the said 
Thomas Caldcleuch in the forend of his first termes maile 
and dutie the price of the timber that sail happen to be 
furnisched be him in the repairing of the saids houssis att 
the sight of James Lidderdaine and John Hardie induallers 
in Blainslie quhom be thir presents the saids parties 
nominat and appoynts to visit the saids houssis both att 
his said entrie and efter the said Thomas hes repaired and 



WALLACE v. CALDCLEUCH 347 

put up the samyn ' ; and he was at removing to leave 
the said buildings as sufficient as at the second visitation, 
and to ' tymouslie labour and manure the saids lands and 
use the samyn as uther neighbours does.' The party contra- 
vening was to pay 20 I. Scots of penalty, besides fulfil- 
ment of the conditions. This contract was registered in 
the regality books on 13th March 1659. Caldcleuch still 
owes to the complainer 51 bolls of victual, half oatmeal, 
half bear, Roxburgh measure (five meikle fulls to each boll), 
for three years' duty, ' to wit, the just third therof for ane 
yeires ferme of the saidis landis payable betuixt Whit- 
sonday 1657 and Whitsonday 1658 being the fourth yeares 
ferme contained in the said tacke, and for the last yeire 
therof he subsett the samen to tennents quho hes or at 
least is to give satisfactione and payment therof, the lyke 
third betuixt Whitsonday 1659 and Whitsonday 1660, and 
the uther juste third therof betuixt Whitsonday 1660 and 
Whitsonday last bypast 1661 yeires instant, and as for the 
saids tua last yeires since the expyreing of the said tacke 
he did possesse the saidis landis without onie new con- 
ditione, quhich he cannot deny,' and he ought to pay the 
victual or 14 I. per boll meal and 8 1. per boll bear, and 
relieve the complainer of teind, etc., as agreed, but he 
refuses. The debt is 561 1. Pursuer compearing by, 
Andrew Phaup, notary in Melrose, produced the precept 
and a missive by Wallace for the said tack duty, and the 
defender failing to compear, though often summoned by 
Alexander Uschar, officer, the judge ordains Caldcleugh 
to pay to the pursuer 14 1. Scots for each boll of meal and 
8 I. for each boll of bear conform to the libel, and to relieve 
him of teind duty, etc., as claimed. 

John Rodger, portioner of Reidpeth, sues Thomas Flea- £° d g ei : »• 

, . . —, °., r , „, „,.„i. i. Fleabairn. 

bairn in Ersiltoune and Margaret Scheill his spouse for 
60 1. Scots as the agreed-on price of six bolls of malt bought 
from the complainer at Martinmas 1659; and the complainer 
being debtor to John Allen in Corsbie in 60 I. he sent Archi- 
bald Allen in Lidgertwood with his precept to ask the said 
Margaret Sheill to deliver 10 1. of their debt to him in 



348 



MELROSE REGALITY RECORDS 



Penman v, 
Wallace. 



Wright v. 
Boustoun. 



Watson v. 
Turner. 



name of the said John Allen, which she delivered to Archi- 
bald, but retained no precept for her warrant and his dis- 
charge ; and Archibald having retained the money in his 
own hand, John Allen has poinded the pursuer for the 
said 10 I. ; and the defenders ought to pay the sum to 
the complainer and seek their relief from the said Archi- 
bald. Held as confessed, absent. 

Melrose, 13th August 1661, Gideon Jackson 

Andrew Penman in Melrose sues Alexander Wallace in 
Lairdlandis ' quho is justlie resting to the complinar ane 
ew hogg of the cropt 1660 promitted be him to the com- 
plinar for his sones bounteth for service wrought in summer 
1660 and promited to deliver the same yew lambe pryce 
therof 48 s.' Ordains to deliver the lamb, or 24 s. for the 
price. 

Robert Wricht, smith in Longschaw, sues Thomas 
Boustoun called Duikdube in Gattounside for 14 1. promised 
a year past at Martinmas last, and interest for a year and 
a half. Decerns for the principal, absolves from the 
annualrent ; expenses, 20 s. 

Charles Watsone, maltman in Lauder, sues James 
Turner in Nether Langschaw for 3 1. Is. Scots as balance 
of price of 11 firlots of bear bought at Whitsunday 1660 ; 
also a ewe lamb, worth 20 s., of profit and increase. The 
bailie modifies 4 1, in compensation of the whole claim ; 
expenses, 13 s. 4 d. 



Usher v. 
Simpson. 



Usher v. 
Bradie. 



Wallace v. 

Ellis. 



James Uschar in Darnick sues James Sympson there 
for 14 1. 14 s. Scots for 2 bolls of sufficient seed oats bought 
from complainer before last Easter. Decerns as confessed. 

Helen Uschar in Darnick sues Robert Bradie in Eildoune 
for 7 1. 6 s. Scots as balance of a greater sum. Decerns 
as confessed. 

William Wallace, weaver, portioner of Melrose, sues 
Thomas Eilleis, wright in Dainyeltoune, for 9 1. Scots 



KILLING MOORFOWL 349 

' partlie promitted be him for his sone Thomas and partlie 
for uther necessars,' payable last Yule. Decerns as con- 
fessed. 

Complaint by John Maxweell, portioner of Melrose, Coat v. 
against John Coat, portioner of Lessudden, who about Maxwe11 - 
a month ago in presence of David Unes, officer in Les- 
sudden, and Andrew Gastoune, set to the pursuer a little 
house and piece yard in Lessudden till Whitsunday 1662 for 
3 1. Scots and ' ane kaine hen,' but he refuses to give posses- 
sion, though the complainer has three or four times gone 
from Melrose to him for that effect, whereby he is damni- 
fied ' and disapoynted of provyding his elding in tyme and 
his travell ' in 10 merks. Defender confessed ' he sett 
the house with his brothers consent and the uther tooke 
it with his wyfes consent,' and referred to pursuer's oath, 
who refused to swear. Absolves. 

Mr. James Strang, late schoolmaster at Melrose, ob- strong v. 
tained decreets on 17 October 1657 and 31 July 1658 against LaidIaw - 
John Pringill of Williamlaw for five merks yearly, extend- 
ing to 10 merks, for fees due to him, and on 1st August 
instant by virtue thereof caused arrest in the hands of 
Thomas, Robert and William Laidlaw in Williamlaw the 
said sums, which they refuse to pay. Decerns, suspending 
execution till Martinmas. 

The procurator-fiscal complains that Patrick Blackie Blake and 
in Wolplaw and James Smith in Mosshouses have ' often pJocurator- 
and severall tymes heirtofore in forbidden tymes sett fiscal - 
girnes upon severall moore hens and uther wyld foules 
nestes, quherby there hes been made by them great 
innocent slaughter and criminale danger commited by them 
in respect of former acts of court.' Passed from this, 
and ordains them to desist in time coming. 

Complaint by Thomas Hay, herd in Colmslie, against Hay v. Turner 
John Cochran in Over Langschaw and Thomas Tumor in an oc rane ' 
Moshouses, who detain from him two hogs which wandered 
from him, ' and hes keild them of their awin mecks,' and 



350 MELROSE REGALITY RECORDS 

refuse to deliver them, though the pursuer apprehended 
them in their possession. Thomas Blackie depones John 
Cochran ' tooke three hoges from the Housebyre scheipe 
and said they were the Longschaw hogges, he being herd 
in Moshouses, and knowes not quho owes them.' James 
Blackie depones ut altro [sic] and that John Cochran 
merkit them and Thomas Turnor took them fra John 
Cochran and keep them.' — ' Decerns in absolvitor becaus 
not provin.' 

Frater v. Complaint by John Fratter, younger, portioner of Lang- 

sundry, hauch, as follows : — Margaret Darleing, widow of Robert 

Darleing, portioner of Appeltreeleives, was addebted to 
Jean Patersone, widow of William Speiding, smith in 
Gallascheills, 9 I. 16s. 8 d. Scots, which Jean Paterson by 
letters dated at Selkirk, 29th September 1660, assigned 
to the complainer ; and to Marion Frater, wife of John 
Cruiks in Gallascheills, 8 1. 10 s. as the price of a boll of 
oats, which sum Frater assigned by letters dated at Gala- 
shiels, 19 June 1660, to the complainer ; to Christian Ker 
in Netherbarnes, 3 1. 11 s. 8 d. for half a year's fee for 
service in summer 1659, and verbally assigned to the pur- 
suer ; to Isobel Frater, 31. 9s. 2d. for merchant wares, 
verbally assigned to the complainer. By virtue of these 
assignations he sues Margaret Darleing for payment. She 
denies the libel as conceived, and desires inspection of the 
assignations, and that the cedents may come and approve 
their assignations. She grants 3 1. 10 s. of Christian Ker's, 
3 1. of Isobel Fratter' s, 4 1. 14 s. of John Cruik's, and refers 
the rest to John Cruiks' wife. William Speiding's testa- 
ment is produced, bearing the debt libelled ; decerns for 
11 1. Produced a missive from Andrew Darling, portioner 
of Appilltreeleaves, declaring that when Philip Darleing 
and Margaret Darleing gave in account of funeral expenses 
for Andrew Darling ' hir umquhill father,' the said Mar- 
garet gave up Isobel Fratter for 3 1. 11 s. for meal and other 
necessaries ' quhilk the said Margaret had desired her to 
lay owt.' The judge admits of this testimony and decerns 
conform. 



THREEPWOOD PORTIONERS' DISPUTE 351 

Melrose, 20th August 1661, Gideon Jackson 

Complaint by John Hall, portioner of Threipwood, Town of 
James Moffit, portioner there, William Moffit, portioner ™MJte?.° d 
there, for themselves and the other possessors, against John 
Moffit, son of Archibald Moffit, portioner there, ' quho 
contrair to the comon state of the towne annent prohibit- 
ing of keeping of oversowmes hes keeped and pastured 
therupon four sowmes of bestiall, viz. ane sowme of scheipe, 
jane ox, ane horse, pryce of each sowme fyve merks, by 
and attour the penaltie of ten punds annent keeping of 
oversowmes ' conform to several acts of court, half to be 
paid to the bailie and half to the town. James Aitchesone 
depones ' he knowes 8 lamb pastured wase oversowmes, and 
that he had more pastured ane meire and three nolt bot 
knowes not quhider they were oversowmes.' John Pringill 
there depones the defender had eight lambs, a horse and an 
ox ' in oversowme ' this crop 1661, ' and hes the lambs and 
ox pasturing therupon yet, and that the horse wase sold 
att St. Laurence daye.' James Stoddert depones as above. 
Decerns in 3 I. for the sheep, 20 s. for the nolt, and 30 s. 
for the horse, ' and ordaines to keep no oversowmes in 
tyme cuming under the paine of ten punds.' 

Complaint by James Eilleis, son and heir of deceased eihs v. 
Alexander Eilleis, maltman, portioner of Melrose, against Henderson - 
Margaret Henderson, widow in Gattounside, now spouse 
to James Bowstoune, portioner there, who by her Bond, 
dated 8th August 1649, granted borrowing from his said 
father 100 merks, to be repaid with a year's interest by 
Lammas 1650, and 10 merks of penalty if she failed therein. 
There is now due 12 years' interest, at 4 1. yearly, extending 
to 48 1., which with principal and expenses amounts to 
121 1. 6 s. 4 d. Decerns conform to libel, and Bond pro- 
duced ; annualrent owing only since Martinmas 1656. 

William Davidson, servitor to Mr. William Duguid, Caimcross v. 
portioner of Appeltreeleives, sues William Cairncrose of Davidson - 
Allenschawis for 68 1. 4 s. 8 d. Scots for fees for service a 



352 MELROSE REGALITY RECORDS 

long time past, and 20 I. as the price of an ox bought from 
pursuer long ago. In defences Cairncross alleges that the 
claim is frivolous and irrelevant not condescending upon 
time or place, and ' being without three yeires ' cannot 
be sustained. The pursuer offers to prove service rendered 
11 or 12 years ago, and defender ought to prove payment, 
and at Martinmas last he offered pursuer 2 bolls of oats in 
part payment ; and as to the ox, not only was it bought 
by defender for 20 I. but he borrowed 10 1. in addition, and 
sold the ox to George Turnor in Langshaw and lent him 
the 10 L, and received payment of both again. Repels de- 
fences in respect of the answers, and admits to pursuer's 
probation, who refers to defender's oath. Absolves on 
defender's oath from the whole pursuit. 

Fisher v. Complaint by John Fischar of Wester Housbyre against 

Westhouses. JqJ^ Leirmount and William Darleing in Westhouses, 
who about a month ago were both apprehended ' carieing 
away upon their backes the complinars turves from the 
grand of Housbyre,' and they ought to pay 10 I. of penalty 
conform to the act of court passed at the pursuer's instance 
against all the inhabitants of Westhouses, Langlie, and 
other places about, ' for stoppeing and preventing off them 
to bring hether, turves and uthers fewall therfrom,' and 
they ought to be further punished. Held as confessed, 
' and ordaines to renew the acte.' 

Frater v. Beii. Complaint by George Bell, portioner of Reidpeth, against 
John Fratter in Langhauch, as follows : — John Wilsone, 
elder, maltman in Galashiels granted Bond on 19 August 
1657 to deceased Robert Darling in Admistoune for 50 1., 
and the said John Fratter became cautioner for re-pay- 
ment by Whitsunday 1658, with interest and 5 1. of penalty. 
Margaret Darling, widow of said Robert, and executrix to 
him and overseer to Robert and Philip Darling, their 
children, assigned the said bond on 5th June 1661 to the 
complainer. No payment was made before the decease 
of the said Robert in February 1658, and the cautioner 
still refuses. The judge finds by the testament produced 



'ANE OPPEN BRAWLD' 353 

that the said Margaret Darling ' in Appeltreeleives ' 
cannot dispone or assign any sums contained therein in 
prejudice of John, Marion, Philip, and Robert, children 
and only executors to the said deceased Robert, and being 
only overseer to them required their consent and that of 
their tutors and curators ; so decerns the said assignation 
to make no faith in judgment or without in time coming, 
and absolves the defender, reserving the right of the ex- 
ecutors to sue for the same hereafter. Received up by 
Andrew Phaup, pursuer's procurator, the Bond, Assigna- 
tion, and Testament. 

Complaint by William Wallace, weaver in Melrose, Law». 
against Thomas Law, weaver there, who six or seven a ace ' 
years ago ' hyred the complinar to goe to with 

him and then promitted to give him ane schilling starling 
for every day he aboad with him, and trew it is he aboad 
with him the space of ten dayes helping him to mount 
ane covering loome ' ; but there is no payment. Absolves 
defender upon his oath. 

William Edgar, procurator fiscal, pursues William Brown and 
Browne and Adam Turnbull in Newsteid ' wha and aither pronator' 
of them upon the day of August instant haveing fiscal - 

shaken of all feare of God and respect to his Majesties 
lawes did stryke and bate one another, quherby they and 
aither of them have commited ane oppen braid or ryot,' 
and ought to be fined. ' Adam Trumble absent, William 
Broun present, deponed he nawayes trubled Adam Trumble. 
Absolvitor.' 

Complaint by Andrew Cairncrose, now of Wester Longlie, Caimcross v. 
against Michael Gibsoun, tenant to Andrew Tunno, notary Glbson - 
in Melrose, now at Hawick, who fails to make forthcoming, 
in respect of Bond by Tunno dated at Longschaw, 21 March 
1659, to complainer (therein designated of Colmslie) for 
19 1. 8 s. Scots, for which complainer obtained decreet on 1st 
July last and thereupon caused Andrew Phaupe, officer, 
arreist in Gibson's hands 26 1. Scots due by him to Tunno 



354 



MELROSE REGALITY RECORDS 



for rent of his house and lands in Melrose, for Martinmas 
and Whitsunday 1660, and teind and third ferine and 
maill, crop 1661. Decerns against the tenant ' for the 
fermes, mailles and 3d of the cropt 1661 ' upon defen- 
der's confession ; expenses, 24 s. 



Wallace v. 
Fisher, 



William Wallace, merchant in Melrose, sues William 
Fischair, fiar of Housbyre, for 81 1. 4 s. 8 d. as the agreed-on 
price of ' certain ait meall, iron, and uther necessars for 
the use of his house,' bought by him and his servants since 
1st February 1660. Denies the libel as conceived, as it 
does not condescend on particulars and parties buying and 
receiving. Judge repels defences and finds claim proven by 
the account produced, but before sentence ordains pursuer 
to depone whether all the sum is due and no part paid, 
as the account is not subscribed by the defender. — Decerns 
conform to the libel, account, interlocutor, and pursuer's 
oath, defender being cited and absent. 



Mein v. 
Bunyie. 



James Meine in Wester Longlie, portioner of Newsteid, 
sues James Bunyie, weaver there, for 8 I. Scots as rent of a 
house and yard in Newsteid from Whitsunday 1659 to 
Whitsunday 1660. Defender grants 7 1. 10 s. Absolves 
from the 10 s. as pursuer refused to depone. Paid judi- 
cially. 



Bouston v. 
Lei than. 



Melrose, 28 September 1661, Gideon Jackson 

Helen Boustoune, widow in Gattounsid, sues James 
Leithane there for 91. 6 s. of the sum of 17 1. 18 s. con- 
tained in a decreet at her instance 25 October 1656. De- 
cerns conform. 



Bowar v, 
Bowar. 



Complaint by James Bowar in Eildoune against John 
Bower, Eister, portioner there, who a year past last Lam- 
mas day set to him a husband land in Eildown, with teind 
sheaves included, for 5 years, wherefrom the complainer 
has had one crop, ' and trew it is that this samyn day 8 
dayes the persewar and defender made ane new conditione 



BOWER v. BOWER 355 

for three years efter Mertymes next, and yet notwith- 
standing sensyne he came to the complinar and said he 
wold not suffer him to plowe it, and most unjustlie thinks 
to break his conditione and enter thairto himselff and put 
the persewar from the possessioun thairof.' Defender 
absolutely refers to pursuer's oath ' quhither or not he 
gave over the land to the said defender since yesterday, 
quho depounet upon oath that if the defender wold not 
suffer him to keep it with ease he wes content to give it 
over.' Absolves the defender, and ordains him to possess 
the land himself. 



Melrose, 5th October 1661, Gideon Jackson 

John Erskine of Scheilfeild sues William Cairncroseof Erskinct/. 
Allenschawis for 2 rex dollars due to the complainer as airncross ' 
tutor to William Cairncroce of Hilslope his nevoy, for two 
years' teind pease of the lands of Moxpopple, about 6 or 
7 years ago. Decerns as confessed. 

Complaint by William and Isobel Milne, lawful children Milne v. 
of deceased Nicol Milne, portioner of Newsteid, against ° n °dKCT? n 
Mungo Donaldsone, portioner of Melrose, and William 
Ker, portioner of Newtoune, his cautioner, as follows : — 
Donaldson gave Bond at Melrose, 25 November 1649, to 
their father for 200 merks, to be repaid at Martinmas 
1650, and Ker became cautioner for the same, with a year's 
interest, and 20 merks of penalty and further annualrents 
after the said date ; and their father on 6 September 1656 
assigned the debt to them in equal proportions ; but now 
payment is due not only of the principal, but of the 
penalty and 36 1. of annualrents. Decerns against the 
defenders, both being absent. 

Complaint by George Coupar in Westhouses against CouparV. 
John Scott in Gattounsid, in respect that having process Scott- 
against him before this court for 13 I., on Thursday last 
at night in presence of Andrew Marr and Robert Meine, 
mason, payment was promised of 6 1. 10 s. on St. Mungo's 



356 MELROSE REGALITY RECORDS 

day in compensation thereof and for the pursuer's dis- 
charging the process. Since then the defender has re- 
voked, and so complainer seeks the whole 13 1. Andrew 
Marr deponed ' that it wes first submitted bot not agreeit, 
and therefter they agreeit betuixt themselffs for 6 lib. 10 s. 
which ten shilling wes referrit to John Scot and to pay 6 lib. 
att Saint Mungoes day and Coupar to discharge Scott of 
the testament.' Robert Meine depones as above, ' and 
hard Cowpar once deny the testament and then granted the 
haveing of it.' — Pursuer depones he has not and never had 
or hid the testament. Decerns to grant discharge of testa- 
ment on payment of 6 I. at St. Mungoes day. 

Patonw. Mungo Patoune in Lessudden sues Helen Adamsone 

there for 8 I. Scots as balance of price of malt bought from 
pursuer about four years ago. Decerns as confessed. 

Melrose, 19 October 1661, Gideon Jackson. 

Boston v. Thomas Boustoune in Gattonside sues Margaret Darleing 

Darling. j n Appelltreeleaves for 19 1. 2 s. Scots for a boll and a peck 

of oat meal bought from the complainer at Fastingseven 

last, payable at St. Booswells day thereafter. Decerns 

as confessed, being absent. 

unes». John Unes in Lessudden craves that Thomas Huntar 

Hunter. there may make forthcomnig a boll of bear arrested in his 

hands as due to John Reed in Maxtoune, who is addebted 
to the complainer in 4 I. 13 s. 4> d. for malt received before 
Easter last. Pursuer depones the debt is owing, and 
Huntar grants his indebtedness to Reed, and is ordained 
to make forthcoming. 

Wright v. Richard Wricht in Gattounside sues Thomas Boustoune 

called Dookdube there for 16 I. 10 s. Scots lent at Michael- 
mas 1660. Decerns as confessed, absent ; 20 s. expenses. 



Boston. 



Boston v. Thomas Bowstoune, younger, in the Wynd in Gattoun- 

sid, sues William Wricht and Isobel Boustoune there for 



HIRING A TROOPER 357 

16 1. 16 s. 4 d. Scots for bear and malt bought from the 
complainer during the past twelvemonth. Defender's wife 
grants ; decerns, expenses 24 s. 

Robert Scheill in Westhouses sues Thomas Boustoun Shew v. 
called Duikdube in Gattounside for 61. 17 s. partly of Boston - 
harvest fee, partly borrowed, partly for ' waire ' [mer- 
chandise], during the past 5 or 6 years. Held as confessed ; 
expenses, 13 s 4 d. 

Complaint by John Davidsone, portioner of Blainslie, sheiii v. 
against Janet Scheill, widow of Thomas Turner in Lang- 
shaw, in respect that the deceased James Davidsone, com- 
plainer's father, as factor and chamberlain to late Lord 
Elibank in 1648, paid out for the said Thomas Turner 
10 1. Scots ' for his proportione of the hyreing owt of ane 
trowper to the Ingadgment to England the tyme forsaid,' 
but repayment is now withheld. John Bunyie, defender's 
procurator, argues that there be no process till pursuer 
instruct his title to pursue, and produce his father's testa- 
ment and his service as heir to him ; also denies asking 
Davidson to advance anything, as defender has absolute 
discharges thereof from the late Lord Elibank. — Ordains 
pursuer to instruct his title and prove the debt. — Absolves, 
as pursuer renounces probation. 

George Wallace in Melrois sues Thomas Bowie there for Wallace v. 
14 1. borrowed in January last, and 5 1. 12 s. borrowed 4 or owie- 
5 years ago. Held as confessed, being cited by A. Phaupe ; 
expenses, 24 s. 



Melrose, 2d November 1661, Gideon Jackson 

James Hislope, merchant burgess of Selkirk, sues Patrick Hisiop v. 
Blackie in Wolplaw for 5 1. 2 s., as balance of 13 1. and Blackie - 
26 s. 8 d. of expenses in a decreet at pursuer's instance 
against him, 3 January 1657. Defender alleges all paid 
but 3 1. Referred to his oath, who refers back to pursuer, 
who depones 4 1. 16 s. 8 d. — Decerns. 



358 



MELROSE REGALITY RECORDS 



Fiscal v. 
Turner. 



William Edgar, portioner of Melrose, fiscal, prosecutes 
George Turner in Over Langshaw, for detaining a stot of 
John Chisholme of Craiksfuird arrested in his hands on a 
decreet by complainer against Chisholm, and he ought to 
deliver the ox or stot, or 20 1. as the value thereof. — De- 
fender depones it is worth 5 1. Decerns to pay this to the 
fiscal. 



Law v. Smith. Complaint by Thomas Law against James Smith in 
Mosshouses, who by his slothfulness of herding in 1659 
and 1660 lost to James Bruntoune in Seitupe 13 ' yeild 
yewes and ane four yeire aid wether, and sicklyke did 
wirrie with dogges two yeild yewes,' and the said James 
Brunton assigned the debt to Law. Defender ought to 
deliver ' for everie yew ane yew and hogge owtcume with 
ane lambe and fyve punds for the wedder.' Referred to 
defender's oath, who deponed there were five sheep lost, 
whereof 4 ewes and one wether, and he has a skin ' of the 
fyve, so there will be four loste.' The bailie modifies 40 s. 
apiece for three ewes and 3 1. for the wether, in compen- 
sation of all. 



Trotter v. 
Turner. 



Complaint by John Trotter in Eister Housbyre against 
George Tumour in Over Langschaw ' that quheras about 
the space of eight dayes since or therby the said George 
Tumour and the said complinar cost [exchanged] tuo 
meires quherof he promited to pay the said complinar ane 
bolle of seed oats in buite [exchange] betuixt the said 
persewers meir and the defenders,' but now he refuses. 
Defender alleges the pursuer ' upheld the beaste taucht 
and that he heirs by informatioun sche is not,' but refers 
to pursuer's oath, who deponed ' ane cleire bargane but 
exceptione.' Ordains to hold the bargain and deliver the 
oats. 



Henderson v. 
Blackie. 



William Henderson in Ladopmure sues Patrick Blackie 
in Wolplaw for 10 1. Scots, also sums of 24 s., 16 s., 10 s., 
due for meal, and 20 s. as balance of a fee, with six quarters 
of ' gray,' and a pair of white hose. Grants 10 I. for the 



SUNDRY DECREETS 359 

oats, a peck of ' umel corne meill,' a copful of oatmeal. 
Referred to pursuer's oath. ' Decernes conforme to the 
lybell for the sowmes, and within xv dayes the gray or 
20 s., 16 s. for the horse. 

John Johnstowne in Langschaw sues John Davidsone, Johnstone v. 
son and heir of deceased James Davidsone, portioner of avi son ' 
Blainslie, for 12 1. owing by defunct to complainer for a 
boll of oatmeal bought from Alison Turner, the corn- 
plainer' s spouse, in 1645 ; also 4 1. as balance of a harvest 
fee ; 4 1. 10 s. for drink. Defunct began to repay, and 
delivered a boll of oats at 8 merks, so rests 15 1. 4 s. 4 d. 
Claim referred to defender, who refers back to pursuer, 
who declares the above balance resting. Decerns. 

Decerns Andrew Kennidie to pay to Mark Blackie 10 I. Biackie ». 
for meal bought at Midsummer 1660, 4th diet ; expenses, 
13 s. 4 d. 



Melrose, 16th November 1661, Gideon Jackson 

Complaint by Thomas Wilson in Galashiels against Mr. wnson v. 
William Duguid, minister, portioner of Appeltreeleives, ugul ' 
who gave Bond at Langhauch, 9 July 1661, to pursuer for 
11 1. 12 s. Scots as the price of ' aucht single fulls of beire 
att 12 lib. the bolle, 2 singill fulls of peis att ten pundis,' 
to be paid ' att newcorne.' Decerns conform to the ticket ; 
expenses, 16 s. 8 d. 

Thomas Turnbull in Phairneley sues Andrew Penman Tumbuii v. 
in Melrose for 3 firlots of oats bought and paid for by the 
complainer a year ago but yet undelivered. Defender 
denies, and refers to pursuer's oath, who deponed conform 
to the libel ' deduceand ane prick pecke aither aits or . . . 
vj lib. as it came to the boll.' Decerns for the rest. 

Alexander Turnor, tailor in Galashiels, sues Andrew Turner v. 
Darling, eldest lawful son of Peter Darling, portioner of 



360 



MELROSE REGALITY RECORDS 



Appeltreeleives, for 5 1. Scots contained in his ticket 
dated at Galashiels, 3 February 1659, and promised at 
Midsummer thereafter. Grants the debt. Decerns ; with 
16 s. expenses. 



Slater v. 
Darling. 



Robert Sclater in Gallascheills sues Margaret Darleing 
in Appeltreeleivs for 12 1. as balance of price of 6 firlots of 
meal, promised last Midsummer. Decerns, defender 
absent ; 20 s. expenses. 



Easton v. 
Gibson 



Complaint by James Eistoune, portioner of Lessudden, 
against Walter Gibsoun, portioner there, John Gibsoun, 
portioner there, and Margaret Young, their mother, ' wha 
att their awin hands contrair to the laws and statuts of 
this kingdome most willfullie and wittinglie did cast downe 
ane dyke of the complinars standing betuixt their yaird 
and the persewers,' and razed the foundation thereof ' and 
therefter did big and incroch upon the complinars heritage.' 
They ought to rebuild as it was before, and be punished 
conform to the act of Parliament. Moreover, they have 
' biged ane tree of his within the said dyke, thinking 
therby to appropriat the samen to their use.' Ordains 
to ' take the dyke and set it quher it wes, one James 
Eistouns charges.' 



Decreet of 
declarator, 
Easton v. 
Gibson. 



Complaint by John Gibsoune in Lessudden and Margaret 
Young, widow there, his mother, against James Eistoune, 
portioner there, and Andrew Bryden his tenant, as fol- 
lows : — Their onsteads lie contiguous, his being a husband 
land's tenement and theirs ' half ane lands tenement,' so 
he ought to have ' tuo elnes of measour and the complinar 
on,' but he claims and encroaches on much more than 
belongs to him and molests and impedes the pursuer ' of 
his just pairt,' and he and his tenants cut, appropriate 
and dispone upon ' severall timber and trees of the com- 
plinars growand within his tenement ' ; so they crave 
march stones to be set. This and the preceding process 
being called, and both parties compearing, they chose 



REFERENCE REGARDING BOUNDARIES 361 

Robert Kyle, smith in Lessudden, Thomas Hunter, por- 
tioner there, Mungo Pattoun, portioner there, James 
Cochran, portioner there, and David Unes, officer there, 
to sight and report upon the question. Their report is 
dated at Lessudden, 12 November 1661, that they went 
to ' ane dyke of stones and timber ' in dispute, and find 
' that the whole dyke of tymber on the east side of the 
stone dyke ' belongs to Easton, ' and the tymber on the 
west side of the stane dyke ' belongs to Walter and John 
Gibson and their mother, who have ' uplifted ane part of 
the said dyke of stanes and set it about sume of the growing 
trees and upon the root of one cutted tree and does hinder 
the upschots of the tree roote to spreed or bud owt ' and 
they ought to be exemplarily punished, ' and hopping your 
Lordship will take sume course in this bussines that wee 
may be fred of it for wee have doon our dutie in so far as 
wee know, for it had not been in questioune sum four mens 
lyftimes as wee can aither heare or learne or ever hard of 
our predicessors quhich wes beffor us.' Signed ' T. H., 
R. K., I. C, W. P.' in presence of witnesses, Walter 
Grahamslaw, John Unes, wright, and Andrew Unes, 
weaver in Lessudden. — 16 November 1661, the bailie rati- 
fies and decerns as in the report ' and in lyk manner decerns 
and ordaines the said James Eistoune to reforme and take 
up the dyke and place grund and stance it quher it wes of 
beffoir the removeall therof.' [No mention of punishment.] 



Alexander Stoddert in Calfhill, son and heir of deceased stoddan v. 
John Stoddert in Maggiltpottes, obtained decreet on 6 Dec- 
ember 1651 against John Scheill, portioner of Ersiltoune, 
* possessor of certaine landis be west Leadder,' for 161. with 
20 s. of expenses of plea (due to his father and in part 
payment whereof the defender delivered a boll of bear, 
at 6 1., in 1653 to the complainer). Decerns for 11 1. 
resting ; 16 s. 8 d. exp. 



Complaint by James Broune in Bourhous against Jean Henderson v. 
Hendersone, widow of Nicol Darling in Langhauch, as 



362 MELROSE REGALITY RECORDS 

follows : — The pursuer's deceased father owed her 100 
merks by his Bond, and after his death, while the corn- 
plainer was minor, she came to him in Lauder ' accom- 
panied with severall persones hir accomplices of lawers 
and officers threatning him with horning and captione ' 
unless he granted her a new bond in his own name for the 
said sum, which in his ignorance he did, whereas had he 
taken time to search his father's papers he would have 
found, and now produces, a sufficient discharge for the 
debt. At his granting the new bond, the defender had 
neither the first bond nor the diligence to give him ; but 
now he ought to be assoilzied from both bonds, and to 
have delivery of 100 merks and 14 years' interest. John 
Bunyie, defender's procurator, craves pursuer's oath of 
calumny, and to find caution to answer as law will ; and 
any discharge produced must be of the latter bond. The 
pursuer for answer declares that the new bond was un- 
justly extorted from him within 48 hours of his father's 
death, during his minority and * when he could not have 
the advice of the master of the grund he duells into nor 
advice of freinds and lawers,' and he never borrowed 
anything from her. The fact of her having no bond or 
letters of caption or horning to produce to him was proof 
of the extortion, the debt having been previously satis- 
fied and the papers cancelled and destroyed. The judge 
ordains pursuer to prove payment of the first bond by his 
father, and that he himself borrowed no more, and that 
the new bond was extorted as alleged. — William Heriot 
in Uxtoun, depones ' he wes informed be Mr. Robert Hart 
the defender's maister that he instigat and seduced the - 
persewar to grant the band for the 100 merkes lybellit in 
his minoritie by threatning him with horning poynding 
and captioun quhich they had not,' and knows nothing 
of the first bond, and knows by the defender's confession 
in Galashiels and Longhauch at Pasch last that there was 
' no pactioun, borrowing, buying nor selling betuixt the 
persewer and defender,' but she alleged she had a bond 
from the pursuer for 100 merks ' and alledgit it wes stollen 
from hir with severall cloaths.' James Hay in Cairthra- 



EXTORTING A BOND 363 

mylne depones he knows nothing anent the granting of the 
first and last bond or threats of caption, but Janet Hender- 
sone declared before him and several others in Langhauch 
at Pasch last ' scho had never nather borowing nor buying 
or uthers with James Browne.' James Moffit in Gala- 
shiels depones as the last. The judge ' finds no clearnes 
be the depositiounes of the witnesses examined that the 
sowme contained in the first band wes realie payed in 
money or utherwayes be the persewers father John Brown 
beffor his deceise to the defender Jeanet Henderson con- 
forme to the discharge grantit be hir to him as wes offerit 
to be proven,' so ordains her to depone whether the sum 
was paid or whether her discharge was granted upon the 
renewing of the bond by the complainer. She depones it 
was never paid but is yet owing ' and wes resting att the 
tyme of the discharge.' Absolves defender, and ordains 
to put the bond in execution. 

Complaint by Andrew Chisholme, portioner of Darnick, Act anent 
John Moss, elder and younger, portioners there, James greenwood ( 
Symsone there, Andrew Merser, Baitscheill, Andrew D° r °™£ n 
Merser, ' Poole,' for themselves and the rest of the feuars 
' of the quarter callit Coat yairds in Dernick,' against John 
Stenhous, servitor to Margaret Eilleis in Melrose, who in 
September last was apprehended ' cutting and away 
takeing severall young oakes, sauchs, allars and hissell, 
and barke therof,' and ought to be fined for cutting green- 
wood and repay the price of the wood removed. They 
crave act of court for preventing the like in future ' both 
in that or onie uther part of the grund and als for the 
broome and uther fewall.' — ' Grantis ane act under fyve 
merks, the on half to the partie and the uther to the 
judge.' 

Christian Maben, spouse to James Mertoun in West- Maben.v 
houses, sues Thomas Bowie in Melrose for 31. 18 s. as 
balance of his fee for harvesting in 1660. Decerns as 
confessed. 



364 



MELROSE REGALITY RECORDS 



Act in favour 
of William 
Kisher for 
pasturing 
through his 
meadows. 



Melrose, 30th November 1661, Gideon Jackson 

Complaint by William Fischer, portioner of Dernick, 
that several persons ' both men and women and uthers 
in Melrose and Dernick ' make common roads and pas- 
sages both on horse and foot, in summer and in winter, 
through his ground in Darnick called the Braidmeadow, 
to his prejudice ; and he desired act of court. The bailie 
fines each person found ' pastureing throw the Braid- 
meadow ' in future in 2 s., half to the owner of the ground 
and half to the bailie. To be published at the market cross 
of Melrose. 



Hastie v. 
Garland. 



Melrose, 7th December 1661, Gideon Jackson 

Andrew Garland in Clarilaw complains that Margaret 
Heastie in Lessudden has wrongfully ' ledd and away 
taken tenscoir of cartfull of fuill pertaining to ane house 
that the complinar had taken from Mr. John Greive, price 
of each kairtfull 40 d.' Mr. John Greive declares the 
' fouill ' pertained to the defender. Absolves. 



Pringle v. 
Moffat. 



John Pringill in Threipwood sues John Moffit, son of 
Archibald Moffett in Threipwood, for 5 1. for grass maill, 
promised at Lammas last, and 14 s. paid out by the corn- 
plainer for him to Isobel Smith. Decerns as confessed. 



Fisher v. 
Cairncross. 



William Fischer, fiar of Housbyre, sues William Cairn- 
crose of Allenschawis for 20 1. Scots as the agreed-on price 
of a black mare bought at Midsummer two or three years 
ago, at least 12 1. [12 s.] of balance. Decerns as confessed, 
pursuer declaring 12 1. 12 s. yet due ; expenses, 13 s. 4 d. 



Mein v. 
Rankin. 



Robert Meine, elder, mason in Newsteid, sues Margaret 
Rankeine, wife of John Maben in Coblehouse, for 13 I. Scots 
as the agreed-on price of 13 small fulls of malt at 10 1. the 
boll, bought in June last. Decerns conform to the libel. 



SUNDRY DECREETS 365 



Melrose, 28th December 1661, Gideon Jackson 

Robert Meine in Gattounside sues Agnes Darling, wife Mein v. 
of Robert Ormstoune, for 10 I. Scots as the agreed-on price Darlin S' 
of certain malt bought from him at Martinmas 1660. 
Decerns ' ut supra.' 

John Fischer of Westerhousbyre sues John Notman in Fisher v. 
Colmslie for 27 I. 2 s. as balance of price of oats, payment otman - 
whereof was promised at Whitsunday last. Decerns as 
confessed, defender absent. 

Robert Meine, younger, sues Thomas Willsone for Mein v. 
3 I. 7 s. 6 d. for meal, and 8 s. for a thrieve of straw, and 
6 s. for a day's work. Admitted to pursuer's oath, who 
depones as above. Principal, 4 1. 1 s. 6 d. ; expenses 6 s. 

Mr. Hew Elphingstoune in Galashiels, executor con- Eiphinstone v. 
firmed to Thomas Elphingstoune there, his father, sues 
Alexander Reidpeth in Melrose for 7 1. contained in his 
father's testament. Decerns upon production of the 
testament. 



Printed by T. and A. Constable, Printers to His Majesty 
at the Edinburgh University Press 



£>cottt£t) ^tatorp £>octetp. 



THE EXECUTIVE. 

1912-1913. 

President. 

The Eari. of Rosebery, K.G., K.T., LL.D. 

Chairman of Council. 

Donald Crawford, K.C, Sheriff of Aberdeenshire. 

Council. 
Professor P. Hume Brown, M.A., LL.D., Historiographer 

Royal for Scotland. 
William K. Dickson, Advocate. 
J. R. N. Macphail, K.C. 
D. Hay Fleming, LL.D. 
Professor John Rankine, K.C, LL.D. 
The Hon. Lord Guthrie. 

Sir James Balfour Paul, C.V.O., LL.D., Lyon King of Arms. 
Walter B. Blaikie. 
The Hon. Hew Hamilton Dalrymple. 
C. S. Romanes, C.A. 
Sir G. M. Paul, D.K.S. 
Ralph Richardson, W.S. 

Corresponding Members of the Council. 
Prof. C. H. Firth, LL.D., Oxford; Rev. W. D. Macray, Green- 
lands, Bloxham, Banbury, Oxon. ; Prof. C. Sanford Terry, 
Aberdeen. 

Hon. Treasurer. 
J. T. Clark, Crear Villa, 196 Ferry Road, Edinburgh. 

Joint Hon. Secretaries. 
J. Maitland Thomson, LL.D., Advocate, 3 Grosvenor Gardens, 

Edinburgh. 
A. Francis Steuart, Advocate, 79 Great King Street, 

Edinburgh. 



RUI.ES 

1. The object of the Society is the discovery and printing, 
under selected editorship, of unpublished documents illus- 
trative of the civil, religious, and social history of Scotland. 
The Society will also undertake, in exceptional cases, to issue 
translations of printed works of a similar nature, which have 
not hitherto been accessible in English. 

2. The number of Members of the Society shall be limited 
to 400. 

3. The affairs of the Society shall be managed by a Council, 
consisting of a Chairman, Treasurer, Secretary, and twelve 
elected Members, five to make a quorum. Three of the twelve 
elected Members shall retire annually by ballot, but they shall 
be eligible for re-election. 

4. The Annual Subscription to the Society shall be One 
Guinea. The publications of the Society shall not be delivered 
to any Member whose Subscription is in arrear, and no 
Member shall be permitted to receive more than one copy of 
the Society's publications. 

5. The Society will undertake the issue of its own publica- 
tions, i.e. without the intervention of a publisher or any other 
paid agent. 

6. The Society will issue yearly two octavo volumes of about 
320 pages each. 

7. An Annual General Meeting of the Society shall be held 
at the end of October, or at an approximate date to be 
determined by the Council. 

8. Two stated Meetings of the Council shall be held each 
year, one on the last Tuesday of May, the other on the Tues- 
day preceding the day upon which the Annual General Meeting 
shall be held. The Secretary, on the request of three Members 
of the Council, shall call a special meeting of the Council. 

9. Editors shall receive 20 copies of each volume they edit 
for the Society. 

10. The owners of Manuscripts published by the Society will 
also be presented with a certain number of copies. 

11. The Annual Balance-Sheet, Rules, and List of Members 
shall be printed. 

12. No alteration shall be made in these Rules except at a 
General Meeting of the Society. A fortnight's notice of any 
alteration to be proposed shall be given to the Members of the 
Council. 



PUBLICATIONS 

OF THIS 

SCOTTISH HISTORY SOCIETY 

For the year 1886-1887. 

1. Bishop Pococke's Tours in Scotland, 174-7-1760. Edited by 
D.'W. Kemp. 

2. Diary and Account Book of William Cunningham op Craig- 
ends, 1673-1680. Edited by the Rev. James Dodds, D.D. 

For the year 1887-1888. 

3. Grameidos libhi sex : an heroic poem on the Campaign of 

1689, by James Philip of Almerieclose. Translated and 
edited by the Rev. A. D. Murdoch. 

4. The Register of the Kirk-Session of St. Andrews. Part i. 

1559-1582. Edited by D. Hay Fleming. 

For the year 1888-1889. 

5. Diary of the Rev. John Mill, Minister in Shetland, 1740- 

1803. Edited by Gilbert Goudie. 

6. Narrative of Mr. James Nimmo, a Covenanter, 1654-1709 
Edited by W. G. Scott-Moncrieff. 

7. The Register of the Kirk-Session of St. Andrews. Part n. 

1583-1600. Edited by D. Hay Fleming. 

For the year 1889-1890. 

8. A List of Persons concerned in the Rebellion (1745). With 
a Preface by the Earl of Rosebery. 

Presented to the Society by the Earl of Rosebery. 

9. Glamis Papers: The ' Book of Record,' a Diary written by 
Patrick, first Earl of Strathmore, and other documents 
(1684-89)- Edited by A. H. Millar. 

10. John Major's History of Greater Britain (1521). Trans- 

lated and edited by Archibald Constable. 

For the year 1890-1891. 

11. The Records of the Commissions of the General Assemblies, 

1646-47. Edited by the Rev. Professor Mitchell, D.D., and 
the Rev. James Christie, D.D. 

12. Court-Book of the Barony of Urie, 1 604-1 747 Edited 
by the Rev. D. G. Barron. 



4 PUBLICATIONS 

For the year 1891-1892. 

13. Memoirs of Sir John Clerk of Penicuik, Baronet. Ex- 
tracted by himself from his own Journals, 1676-1755. Edited 
by John M. Gray. 

14. Diary of Col. the Hon. John Erskine of Carnock, 1683- 

1687. Edited by the Rev. Walter Macleod. 

For the year 1892-1893. 

15. Miscellany of the Scottish History Society, First Volume — 
The Library of James vi., 1573-83. Edited by G. F. Warner.— 

Documents illustrating Catholic Policy, 1596-98. T. G. Law. 
—Letters of Sir Thomas Hope, 1627-46. Rev. II. Paul.— Civil 
War Papers, 1643-50. H. F. Morland Simpson. — Lauderdale 
Correspondence, 1660-77. Right Rev. John Dowden, D.D. — 
Turnbull's Diary, 1657-1704. Rev. R. Paul.— Masterton 
Papers, 1660-1719. V. A. Noel Paton. — Accompt of Expenses 
in Edinburgh, 1715. A. H. Millar. — Rebellion Papers, 1715 
and 1745. H. Paton. 

16. Account Book of Sir John Foulis of Ravelston (1671-1707). 

Edited by the Rev. A. W. Cornelius Hallen. 

For the year 1893-1894. 

17. Letters and Papers illustrating the Relations between 

Charles ii. and Scotland in 1650. Edited by Samuel 
Rawson Gardiner, D.C.L., etc. 

18. Scotland and the Commonwealth. Letters and Papers 

relating to the Military Government of Scotland, Aug. 
1651-Dec. 1653. Edited by C. H. Firth, M.A. 

For the year 1894-1895. 

19. The Jacobite Attempt of 1719- Letters of James, second 

Duke of Ormonde. Edited by W. K. Dickson. 

20. 21. The Lyon in Mourning, or a Collection of Speeches, 

Letters, Journals, etc., relative to the Affairs of Prince 
Charles Edward Stuart, by Bishop Forbes. 1746-1775. 
Edited by Henry Paton. Vols. 1. and 11. 

For the year 1895-1896. 

22. The Lyon in Mourning. Vol. in. 

23. Itinerary of Prince Charles Edward (Supplement to the 

Lyon in Mourning). Compiled by W. B. Blaikie. 

24. Extracts from the Presbytery Records of Inverness and 

Dingwall from 1638 to 1688. Edited by William Mackay. 

25. Records of the Commissions of the General Assemblies 
{continued) for the years 1648 and 1649- Edited by the Rev. 
Professor Mitchell, D.D., and Rev. James Christie, D.D. 



PUBLICATIONS 5 

For the year 1896-1897. 

26. Wariston's Diary and other Papers — 

Johnston op Wariston's Diary, 1639. Edited by G. M. Paul. — 
The Honours of Scotland, 1651-52. C. R. A. Howden. — The 
Earl op Mar's Legacies, 1722, 1726. Hon. S. Erskine. — Letters 
by Mrs. Grant op Laggan. J. R. N. Macphail. 

Presented to the Society by Messrs. T. and A. Constable. 

27. Memorials of John Murray of Broughton, 1740-1747. 
Edited by R. Fitzroy Bell. 

28. The Compt Buik of David Wedderburne, Merchant of 

Dundee, 1587-1630. Edited by A. H. Millar. 

For the year 1897-1898. 
29,30. The Correspondence of De Montereul and the brothers 
De Bellievre, French Ambassadors in England and Scot- 
land, 1645-1648. Edited, with Translation, by J. G. 
Fotheringham. 2 vols. 

For the year 1898-1899. 

31. Scotland and the Protectorate. Letters and Papers 

relating to the Military Government of Scotland, from 
January 1654 to June 1659. Edited by C. H. Firth, M.A. 

32. Papers illustrating the History of the Scots Brigade in 
the Service of the United Netherlands, 1572-1782. 
Edited by James Ferguson. Vol. i. 1572-1697. 

33. 34. Macfarlane's Genealogical Collections concerning 
Families in Scotland ; Manuscripts in the Advocates' Library. 
2 vols. Edited by J. T. Clark, Keeper of the Library. 

Presented to the Society by the Trustees of the late Sir William Fraser, h'.C.B. 

For the year 1899-1900. 

35. Papers on the Scots Brigade in Holland, 1572-1782. 
Edited by James Ferguson. Vol. ii. 1698-1782. 

36. Journal of a Foreign Tour in 1665 and 1666, etc., by Sir John 

Lauder, Lord Fountainhall. Edited by Donald Crawford. 

37. Papal Negotiations with Mary Queen of Scots during her 

Reign in Scotland. Chiefly from the Vatican Archives. 
Edited by the Rev. J. Hungerford Pollen, S. J. 

For the year 1900-1901. 

38. Papers on the Scots Brigade in Holland, 1572-1782. 
Edited by James Ferguson. Vol. in. 

39- The Diary of Andrew Hay of Craignethan, 1 659-60. 
Edited by A. G. Reid, F.S.A.Scot. 

For the year 1901-1902. 

40. Negotiations for the Union of England and Scotland in 

1651-53. Edited by C. Sanford Terry. 

41. The Loyall Dissuasive. Written in 1703 by Sir -ZEneas 

Macpherson. Edited by the Rev. A. D. Murdoch. 



6 PUBLICATIONS 

For the year 1902-1903. 

42. The Ciiartulary of Lindores, 1195-1479- Edited by the 

Right Rev. John Dowden, D.D., Bishop of Edinburgh. 

43. A Letter from Mary Queen of Scots to the Duke of Guise, 
Jan. 1562. Reproduced in Facsimile. Edited by the Rev. J. 
Hungerford Pollen, S.J. 

Presented to the Society by the family of the late Mr. Scott, of Halkshill. 

44. Miscellany of the Scottish History Society, Second Volume — 

The Scottish King's Household, 14th Century. Edited by Mary 
Bateson. — The Scottish Nation in the University of Orleans, 
1336-1538. John Kirkpatrick, LL.D.— The French Garrison 
at Dunbar, 1563. Roberts. Rait. — De Antiquitate Religionis 
apud Scotos, 1594. Henry D. G. Law. — Apology for William 
Maitland of Lethington, 1610. Andrew Lang;. — Letters of 
Bishop George Grjeme, 1602-38. L. G. Grame. — A Scottish 
Journie, 1641. C. H. Firth. — Narratives illustrating the Duke 
of Hamilton's Expedition to England, 1648. C. H. Firth. — 
Burnet-Leighton Papers, 1648-168-. H. C. Foxcroft. — Papers 
of Robert Erskine, Physician to Peter the Great, 1677-1720. 
Rev. Robert Paul. — Will of the Duchess of Albany, 1789. 
A. Francis Steuart. 

45. Letters of John Cockburn of Ormistoun to his Gardener, 

1727-1743. Edited by James Colville, D.Sc. 

For the year 1903-1904. 

46. Minute Book of the Managers of the New Mills Cloth 
Manufactory, 1681-1690. Edited by W. R. Scott. 

47. Chronicles of the Frasers ; being the Wardlaw Manuscript 
entitled ' Polichronicon seu Policratica Temporum, or, the 
true Genealogy of the Frasers.' By Master James Fraser. 
Edited by William Mackay. 

48. The Records of the Proceedings of the Justiciary Court 

from 1661 to 1678. Vol. 1. 1661-1669. Edited by Sheriff 
Scott-Moncrieff. 

For the year 1904-1905. 

49. The Records of the Proceedings of the Justiciary Court 

from 1661 to 1678. Vol. 11. 1669-1678. Edited by Sheriff 
Scott-Moncrieff. 

50. Records of the Baron Court of Stitchill, 1655-1807. Edited 
by Clement B. Gunn, M.D., Peebles. 

51. Macfarlane's Geographical Collections. Vol. 1. Edited 
by Sir Arthur Mitchell, K.C.B. 



PUBLICATIONS 7 

For the year 1905-1906. 

52, 53. Macfarlane's Geographical Collections. Vols. n. and in. 
Edited by Sir Arthur Mitchell, K.C.B. 

(May 1907; March 1908.) 

54. Statuta Ecclesle Scotican^e, 1225-1559- Translated and 

edited by David Patrick, LL.D. (Oct. 1907.) 

For the year 1906-1907. 

55. The House Booke of Accomps, Ochtertyre, 1737-39- Edited 

by James Colville, D.Sc. (Oct. 1907.) 

56. The Charters of the Abbey of Inchaffray. Edited by W. A. 

Lindsay, K.C., the Right Rev. Bishop Dowden, D.D., and 
J. Maitland Thomson, LL.D. (Feb. 1908.) 

57. A Selection of the Forfeited Estates Papers preserved in 

H.M. General Register House and elsewhere. Edited by 
A. H. Millar, LL.D. (Oct. 1909.) 

For the year 1907-1908. 

58. Records of the Commissions of the General Assemblies (con- 
tinued), for the years 1650-52. Edited by the Rev. James 
Christie, D.D. (Feb. 1909.) 

59. Papers relating to the Scots in Poland. Edited by Miss 
Beatrice Baskerville. {Publication delayed.) 

For the year 1908-1909. 

60. Sir Thomas Craig's De Unione Regnorum Britannle Trac- 
tatus. Edited, with an English Translation, by C. Sanford 
Tehry. (Nov. 1909.) 

61. Johnston of Wariston's Memento Quamdiu Vivas, and Diary 

from 1632 to 1639. Edited by G. M. Paul, LL.D., D.K.S. 

(May 1911.) 

Second Series. 
For the year 1909-1910. 

1. The Household Book of Lady Grisell Baillie, 1692-1733. 

Edited by R. Scott-Moncrieff, W.S. (Oct. 1911.) 

2. Origins of the '45 and other Narratives. Edited by W. B. 
Blaikie. (Publication delayed.') 

3. Correspondence of James, fourth Earl of Findlater and 
first Earl of Seafield, Lord Chancellor of Scotland. 
Edited by James Grant, M.A., LL.B. (March 1912.) 



8 PUBLICATIONS 

For the year 1910-1911. 

4. Rentale Sancti Andree ; being Chamberlain and Granitar 
Accounts of the Archbishopric in the time of Cardinal 
Betoun, 1538-1546. Translated and edited by Robert Kerr 
Hannay. (February 1913.) 

5. Highland Papers. Vol. i. Edited by J. R. N. Macphail, K.C. 

(May 1914), 

For the year 1911-1912. 

6. Selections from the Records of the Regality of Melrose. 
Vol.i. Edited by C. S.Romanes, C.A. (November 1914.) 

7. Records of the Earldom of Orkney. Edited by J. S. Clouston. 

For the year 1912-1913. 

8. Selections from the Letter Books of John Steuart, Bailie 

of Inverness. Edited by William Mackay. 

9. Johnston of Wariston's Diary. Edited by D. Hay Fleming, 

LL.D. 

For the year 1913-1914. 

10. Highland Papers. Vol. ii. Edited by J. R. N. Macphail, K.C. 

11. Rentale Dunkeldense ; being the Accounts of the Chamber- 
lain of the Bishopric of Dunkeld, a.d. 1506-1517. Edited 
by R. K. Hannay, 

In preparation. 

Selections from the Records of the Regality of Melrose. 
Vol. ii. Edited by C. S. Romanes, C.A. 

Letters of the Earl of Seafield and Others, illustrative of 
the History of Scotland during the Reign of Queen Anne. 
Edited by Professor Hume Brown. 

Register of the Consultations of the Ministers of Edinburgh, 
and some other brethren of the ministry since the 
interruption of the Assembly 1653, with other Papers of 
public concernment, l653-l660. 

A Translation of the Historia Abbatum de Kynlos of 
Ferrerius. By Archibald Constable, LL.D. 

Miscellany of the Scottish History Society. Third Volume. 

Analytical Catalogue of the Wodrow Collection of Manu- 
scripts in the Advocates' Library. Edited by J. T. Clark. 

Charters and Documents relating to the Grey Friars and the 
Cistercian Nunnery of Haddington. — Register of Inch- 
colm Monastery. Edited by J. G. Wallace-James, M.B. 

Records relating to the Scottish Armies from 1638 to 1650. 
Edited by C. Sanford Terry. 

Papers relating to the Rebellions of 1715 and 1745, with other 
documents from the Municipal Archives of the City of Perth. 

The Balcarres Papers. 



REPORT OF THE TWENTY-SIXTH 

ANNUAL MEETING OF THE 

SCOTTISH HISTORY SOCIETY 



The Twenty- sixth Annual Meeting of the Society was held 
in DowelTs Rooms, Edinburgh, on Saturday, 30th November 
1912, — Professor Rankine in the chair. 

The Secretary read the Report of the Council as follows : — 

During the past year seventeen members have died, and six 
have resigned. 

The filling up of vacancies has exhausted the list of 
applicants for Membership. 

The volumes issued since last General Meeting are : — 

1. The Household Booh of Lady Grisell Baillie, edited by 
R. Scott-Moncrieff. 

2. Seafield Correspondence from 1685 to 1708, edited by 
James Grant, LL.B. 

These form part of the issue for 1909-1910. The other 
book promised for that year, Miscellaneous Narratives relating 
to the '45, is not quite ready for issue, but is expected shortly 
to be in the hands of the index-maker. 

The first issue for 1910-1911, Accounts of the Chamberlains 
and Granitars of Cardinal David Beaton, is in type, the 
preface is at press, and the index in preparation. The other, 
Bailie John Steuarfs Letter-Book, has been delayed by other 
engagements of its learned editor, but he hopes to send it to 
press before long. 



For 1911-1912, Waristoii's Diary, volume ii., is at press; 
as is also a volume of Miscellaneous Documents relating chiefly 
to the Highlands, from the Gregory MSS. and other sources, 
edited by J. R. N. Macphail, K.C., which it is proposed to 
issue for that year instead of the third volume of the Society's 
Miscellany. 

For the year 1912-1913 it is proposed to issue — 

1. Records of the Earldom of Orkney, edited by J. Storer 
Clouston. 

2. Selections from the Court Boohs of the Regality of 
Melrose, edited by C. S. Romanes, C.A. 

The preparation of the General Index to the first series of 
the Society's publications, a laborious undertaking, is making 
good progress. 

It will be seen that the work of the Society is still seriously 
in arrear. But there is good ground to anticipate that more 
rapid progress will be made during 1912-1913. 

The Members of Council retiring by rotation are Sheriff 
Scott-Moncrieff, Professor Hume Brown, and Mr. W. K. 
Dickson. It is recommended that the two latter be re-elected, 
and the remaining vacancy filled up by the appointment of 
Mr. J. R. N. Macphail, K.C. 

The Accounts of the Hon. Treasurer, of which an abstract 
is appended hereto, show that the balance in the Society's 
favour on 10th November 1911 was £643, Is. 3d., the income 
for 1911-1912, ,£541, 12s. 4d., the expenditure, £334, 6s. 7d., 
and the credit balance on 11th November 1912, £850, 7s. 

In moving the adoption of the report, the Chairman expressed 
the hope that good progress would be made to overtake the arrears 
of the present year. With regard to the future, he could not speak 
personally about 'Bailie John Steuart's Letter Book/ and had 
only slight knowledge of ' Wariston's Diary.' Of the other books 
mentioned, two had been put in his hands, both most interesting 
of which, perhaps, a little should be said. One of them was ' The 



3 

Accounts of the Chamberlains and Granitars of Cardinal David 
Beaton.' The introduction he had found to be of great interest. 
It was an account of the state of the heritable property of the 
Archbishops of St. Andrews just shortly before the Reformation. 
The other book was to him of still greater interest. It was en- 
titled Miscellaneous Narratives Relating to the Forty-five, but Mr. 
Blaikie had told him the title of the book was to be Origins of the 
Forty-jive and other Narratives connected with the Last Jacobite Rising. 
The first item in the volume was a set of somewhat mutilated 
papers written by John Murray of Broughton, secretary to Prince 
Charles, which were picked up after Culloden. They were of 
much earlier date than the papers edited for the Society by Mr. 
Fitzroy Bell, and by means of them, supplemented by documents 
in the French Foreign Office, Mr. Blaikie had been able to explain 
the somewhat obscure plottings that took place in Great Britain 
and the Continent between the years 1737 and 1744-. This was 
followed by contemporary memoirs written by parish ministers, 
one describing the Highlands at the epoch of the rising ; a second 
gave an account, with many details nowhere else recorded, of 
what happened in Ross and Sutherland; and the third gave an 
account of the rising in Aberdeenshire, with a great amount of 
detail, which should be particularly interesting to many families 
still existing in Aberdeenshire, for so much information about 
their predecessors. A narrative of John Daniel, an Englishman 
and a captain in the Prince's Life Guards, was printed from 
an MS. belonging to Lord Ancaster. This narrative had been 
occasionally referred to by historical writers on the '45, but 
had never before been printed, and was full of interest. Then 
came the story of Neil Maceachain, the father of Marechal 
Macdonald, Duke of Tarentum, Napoleon's General. Maceachain 
had been placed by Clanranald in the service of Prince Charles 
during the time he was concealed in the Outer Hebrides. It was 
he who guided the Prince on some of his tramps, and also accom- 
panied him and Flora Macdonald ' over the seas to Skye.' Mac- 
eachain told the story of Prince Charles's doings from the time 
he arrived in Benbecula, eleven days after the Battle of 
Culloden, until his arrival in Skye with Flora Macdonald two 
months later. There was also a long account of the conduct of 
the Laird of Grant, which was really an apology for his somewhat 
dubious attitude during the rising. This was followed by a 
narrative of sundry services performed and expenses incurred by 



Walter Grosett, who was in the secret service of the Govern- 
ment ; it gave, in great detail, interesting events connected with 
Edinburgh from September 1745 until the arrival of the Duke of 
Cumberland. The last paper in the volume was in some ways the 
most interesting. It was the official report of the Marquis 
d'Eguilles, the envoy sent by Louis xv. to Prince Charles, and 
who accompanied him throughout the whole expedition, and 
became prisoner of war after Culloden. As this report was 
addressed personally to the French King it was of great historical 
value. Perhaps the most interesting item in the report was that 
in which the envoy described his interview with Prince Charles on 
the eve of Culloden, and it set at rest for ever the historical dis- 
pute, which much embittered Jacobites at the time, as to who 
was responsible for fighting that action. D'Eguilles informed us 
that it was Prince Charles himself, who, scorning to turn his back 
on the Duke of Cumberland for a single day, determined to fight 
the battle in spite of all advice from his followers. 

The report was adopted, and a vote of thanks given to the 
Chairman. 



ABSTRACT OF THE HON. TREASURERS 
ACCOUNTS. 

For the Year ending Wth November 1912. 

I. Charge. 

I. Balance from previous year — 

(1) In Bank on Deposit Receipt, £600 

(2) In Bank on Current Account, 43 1 3 

£643 1 3 

II. Subscriptions, viz. — 

(1) 400 Subscriptions for 

19H-1912, . . . £420 

2 in arrear for 1909-1 9 10, 2 2 

11 in arrear for 1910-11, . 11 11 

8 in advance for 1912-1913, 8 8 



£442 1 
Less 20 in arrear and 3 in 

advance for 1911-1912, 24 3 



417 18 



(2) 91 Libraries, . . . £95 11 

3 in arrear for 1910-1911, • 3 3 



£98 14 
Less 4 in arrear and 1 in 

advance for 1911-1912, 5 5 



93 9 

III. Copies of previous issues sold to New Members, 11 11 

IV. Cheque Bank Final Dividend, .... 020 
V. Interest on Deposit Receipts, . . . . 18 12 4 



Sum of Charge, . £1184 13 7 



II. Discharge. 
I. Incidental Expenses — 

(1) Printing Cards, Circulars, and 

Reports, , 

(2) Stationery, and Receipt 

Book, ..... 

(3) Making -up and delivering 

Publications, 
(4.) Postages of Secretaries and 
Treasurer, .... 

(5) Clerical Work and Charges on 

Cheques, .... 

(6) Publications Purchased, . 

(7) Hire of room for Annual 

Meeting, .... 



II. Seqfield Correspondence, 1685-1708 — 

Composition, Printing, and 

Paper, £122 12 

Proofs and Corrections, . . 62 1 8 6 

Engraving Portrait, Earl of 

Seafield, . . . . 4 15 

Binding Stamps, and Binding 

540 Copies at 8d., . . 18 13 6 

Indexing, . . . . 5 15 



£8 


3 


9 


1 


6 


6 


20 


14 


8 


4 


1 


5 


3 





9 


4 


4 





1 


6 






£214 14 

Less paid to account, 

October 1910, £41 7 
Less paid to account, 

October 1911, . 94 16 

136 3 



£42 17 1 



78 11 



Carry forward, . . .£1218 1 



Brought forward, . . . £121 8 1 
III. Miscellaneous Narratives relating to the '45. 
Expense to date — 
Composition , . . . . £58 13 6 

Corrections, . . . . 33 18 6 



£92 12 



Less paid to account, October 

1910, 39 12 6 



IV. Accounts of the Chamberlains and Granitars of 
Cardinal Beaton, 1539-1546. Expense to 
date — 
Composition, .... £39 17 
Corrections, . . . . 12 16 



52 19 6 



52 13 



V. Melrose Regality Books — 

Transcribing, ..... 15 5 

VI. Orkney rind Shetland Writs — 

Transcribing and translating, ... 37 6 

VII. Assembly Commission Records — 

Transcribing and collating, . . . 54 15 

VIII. Balance to next account — 

(1) On Deposit Receipt, . . £800 

(2) On Current Account, . 50 7 



850 7 



Sum of Discharge, £1184 13 7 



Edinburgh, 28th November 1912. — Having examined the Accounts of the 
Hon. Treasurer of the Scottish History Society for the year ending nth 
November 1912, of which the foregoing is an Abstract, we find the same to be 
correctly stated, and sufficiently vouched, — closing with a balance of ^850, 
7s. in Bank, whereof ^800 is on deposit receipt and ^50, 7s. is on current 
account. 

Ralph Richardson, Auditor. 
Wm. Traquair Dickson, Auditor. 



DA SSO S?2 A2 



Vol. 1 



Author Vol. 


T Mllrose Regality Records. Copy 
I605-I661. 






Date 


Borrower's Name 








1